Facing a credit card lawsuit can be overwhelming and stressful. Many New York and New Jersey residents find themselves in this situation due to unpaid debts, unexpected financial hardships, or even errors by creditors.
Understanding how to get a debt lawsuit dismissed can be a game-changer, and taking the right steps early on can significantly improve your chances of a favorable outcome.
Why Are You Being Sued?
When you fail to make payments on a credit card, your creditor may escalate the matter by filing a lawsuit. Creditors or collection agencies often use lawsuits as a last resort to recover unpaid debts.
However, many lawsuits are riddled with inaccuracies, procedural errors, or a lack of sufficient evidence. This creates an opportunity to challenge the case and potentially get it dismissed.
Steps to Fight Back Against a Credit Card Lawsuit
- Verify the Lawsuit
Begin by confirming that the lawsuit is legitimate. Review the complaint and ensure that you were properly served. Many consumers fail to respond because they feel hopeless, but ignoring the lawsuit can result in a default judgment against you. - Check the Statute of Limitations
In New York and New Jersey, credit card debt has a statute of limitations, typically between 3 to 6 years, depending on the circumstances. If the debt is time-barred, you can request a dismissal on this basis. - Demand Proof
Creditors must provide evidence that the debt is yours, including original contracts, account statements, and proof that they have the legal right to sue you. If they cannot produce adequate documentation, the case could be dismissed. - Look for Procedural Errors
Many lawsuits are dismissed due to improper service, filing mistakes, or other legal technicalities. A skilled credit attorney can identify these errors and use them to your advantage. - Challenge the Debt Amount
Sometimes, creditors inflate the amount owed by adding unauthorized fees or interest. You have the right to dispute inaccurate charges and demand a precise accounting of the debt.
Why Professional Legal Help Matters
Navigating a debt lawsuit can be daunting without the right guidance.
A credit attorney can analyze your case, identify weaknesses in the creditor’s argument, and build a strong defense. With the assistance of a debt attorney, you’ll significantly increase your chances of getting the lawsuit dismissed.
Call for a Free Consultation
If you’re wondering how to get a credit card lawsuit dismissed, contact us today for a free consultation. Our experienced attorneys have helped countless clients in New York and New Jersey fight back against unfair debt lawsuits.
Call us today for your debt attorney free consultation
We also work on a contingency basis, so you only pay if we win your case.
Sources:
- JG Wentworth: How to Get a Debt Lawsuit Dismissed
- Achieve: How to Get a Debt Lawsuit Dismissed
- Attorney-NewYork: How to Get a Debt Lawsuit Dismissed
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