Many individuals are facing overwhelming credit card debt. If filing a personal bankruptcy to discharge this debt is not an option for you, it is important to understand that you may have some defenses available. It is important to understand that these defenses must be timely submitted to the court or they are deemed to have been waived. Below are a few defenses that may be available to you:
- Invalid service of process. If the plaintiff failed to properly serve you with the summons and complaint, you have a valid defense.
- Expiration of Statute of Limitations. Your credit card company must file a lawsuit against you within a certain period of time or it is barred.
- No right to sue. If your credit card company sold your past due account to a collection agency and failed to properly transfer the documentation supporting the debt, your lawsuit may be dismissed. The plaintiff must be able to provide evidence proving that you owe the debt.
- Wrong defendant. The court may dismiss the lawsuit if you can prove that the debt does not belong to you.
- Debt discharged in bankruptcy. If you previously filed a Chapter 7 or Chapter 13 case, included the debt in your filing and properly discharged the debt, the plaintiff is prohibited from pursuing the lawsuit against you.
- Identity fraud. If you can prove that your identity was stolen and you did not incur the debt involved in the lawsuit, you have a valid defense.
- Incorrect accounting. If the plaintiff failed to properly credit your account with the payments you have made, you may have a full or partial defense.
- Unfair debt collection. If the creditor used illegal tactics or harassed you in trying to collect the debt, you have a valid counterclaim against the plaintiff. This means you file a claim against the plaintiff seeking monetary damages that may be used to offset what you owe the plaintiff.
If you believe one of the above defenses is available to you, or to learn more about defending a lawsuit for credit card debt, contact DeLadurantey Law Office, LLC to schedule an appointment.
The “defender of the little guy,” DeLadurantey Law Office. LLC. handles bankruptcy matters (Chapter 7 and Chapter 13) in Milwaukee, South Milwaukee, West Milwaukee, and Milwaukee County, including the municipalities of Bayside, Brown Deer, Cudahy, Fox Point, Franklin, Glendale, Greendale, Greenfield, Hales Corners, Oak Creek, River Hills, Shorewood, St. Francis, Wauwatosa, West Allis, and Whitefish Bay. The firm also can handle your debt negotiations, debt relief, and mortgage loan modifications. Contact DeLadurantey Law Office, LLC by phone: (414) 377-0518. Like us on Facebook.