A credit card company you have an account with can sue you in civil court for money owed. You, as a consumer, have the right to challenge the creditor in court to prevent the company from getting a judgment, or court award, against you. A creditor with a judgment can use additional collection enforcement methods permitted by law, such as garnishing your income.
Respond
You have the right to file a response to the lawsuit in the court handling the case. The court papers you received on the case dictate what form your response must take and how long you have to file your answer in court. Your statement should detail what aspects of the debt you are disputing, such as the amount, and what sort of evidence you have that backs up your claim, such as proof of payment.
Dismiss
A motion to dismiss the case against you must be filed by the deadline imposed by the court. The dismissal papers must state why the case should be dismissed (if, for example, the credit debt has been paid in full) and supporting evidence should be submitted to court with the dismissal papers.
Validate
You have the right to make the credit card company prove the debt is valid and that the amount being sued for is correct. The creditor must provide you with papers showing the charges, late fees, penalties and interest in an itemized format; the original credit agreement you signed; and other relevant information you request, such as your documented payment history. The information you receive during the validation process can be disputed in whole or in part.
Countersue
You can file a countersuit against the creditor if you have been injured in any way by the company or by the lawsuit itself. The nature of your countersuit depends on your individual circumstances, but commonly includes your attorney fees for the case, harassment or violation of credit collection laws and the wages you lost due to court appearances.
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