How to Beat a Credit Card Company in Small Claims Court

You may need a lot of luck to win or "beat" a credit card case in small claims court. After all, it's likely that the credit card company had a good reason for filing a lawsuit against you. Chances are you stopped paying on the account, and continued to refuse to pay even after the credit card company spent months or even longer trying to contact you by mail or telephone. But there is an approach to take that, with a bit of luck, could work in your favor.

Instructions

1

Deny every allegation in the lawsuit--the same as pleading not guilty in a criminal case. Force the credit card company to prove that you opened the account, that you made the charges, that the balance is correct, and so on. Deny the allegations through a written response called an "answer." Laws vary by state, but generally you are expected to reply to a credit card lawsuit within 20 to 30 days of being served a summons--a notification that a lawsuit has been filed against you.

2

File your answer with the local clerk of court, whose address will be listed on the summons. Send a copy to the attorney for the credit card company or debt collector. The attorney's name and address will also appear on the summons. Wait for the assignment of a trial date.

3

Appear before the judge on the trial date. Illinois Legal Aid states that you are certain to lose if the attorney shows up and has enough documentation to convince the judge that you owe the debt. You can hope, however, that the attorney will not show up or has prepared poorly for the trial and can't prove that the debt is yours. If that happens, the judge will dismiss the case and you will have won.