How to Fight a Consumer Credit Lawsuit

Fighting a credit card lawsuit is one thing; winning in court is another. Illinois Legal Aid reports that you're sure to lose a credit card lawsuit if the attorney for the credit card company convinces the judge that you owe the money, and you don't offer a suitable defense. The agency reports that joblessness, illness and excessive debt can't be used as a defense. You can fight the lawsuit by making the attorney for the credit card company prove the case, but if you lose, you could be subjected to garnishment of your bank account and wages.

Instructions

1

Read the notification of a lawsuit --- called a summons --- that was delivered to you after the credit card company filed suit. The summons contains important information, including a deadline for providing a written response to the lawsuit, which is called a complaint. The complaint is attached to the summons.

2

Respond to numbered allegations in the complaint with a written response called an "answer." The Minnesota Judicial Branch reports that you can provide any information that you wish in your response. You have the right to simply deny every allegation in the lawsuit, which is the equivalent of pleading "not guilty" in a criminal case. Denying each numbered allegation in the lawsuit forces the attorney for the credit card company to prove the case by providing documentation such as charge card slips you signed or the original credit card application you signed.

3

File your written response with the clerk of court listed on the summons. Send a copy to the attorney for the credit card company. By denying each of the allegations, you're making it clear that you're fighting the lawsuit. File your response by the deadline listed on the summons to avoid an automatic victory --- called a default judgment --- for the attorney filing the suit.

4

Prepare your defense in the event the case reaches trial. Possible acceptable defenses include identity theft: You could argue that you never opened the account and provide copies of statements you made to the police when you began receiving billing statements for an account you never opened. Or you could argue that the card company is at fault because it failed to properly update your account after you made a payment for the full amount. Show canceled checks to support your argument for that defense.

5

Contact the attorney for the credit card company before the trial date if you know the debt is yours and you don't have a legal defense. Negotiate a settlement for all or a portion of the debt in exchange for the lawsuit being dropped.