In order to win a debt collection case against you in court, the credit card company must be able to prove several essential elements of their case. This is similar to how a prosecutor in a criminal trial must prove the essential elements of their case in order to convict the defendant.
If the credit card company fails to prove any of these essential elements, then you are entitled to a dismissal of the case. However, if they are able to prove all of the required elements, then the court will allow the case to continue and you will be able to present your defense.
In order to succeed with your defense, you must assert one or more recognized affirmative defenses. An affirmative defense is a legally recognized reason why you should not have to pay the debt that is being collected.
If you can prove an affirmative defense, then your case will be dismissed with prejudice, which means that the creditor cannot try to collect the debt from you again.
The Credit Card Companies Must Prove
A credit card company that sued you for an outstanding balance must prove in court that you actually owe the money. Your defense against such a case may be that the company failed to show evidence of the debt, or that you owe a lower amount. You can also point to flaws in the plaintiff’s presentation during trial.
Debt collection cases from credit card companies are a breach of contract lawsuits. In order for the company to win, they must prove that you failed to meet your contractual obligations. This includes showing that there was a valid contract in place between you and the credit card company.
The contract must be able to demonstrate that the company offered it to you and that you accepted it and there must be evidence of valid consideration given by both parties. This could be in the form of services provided by the credit card company.
If you are being sued by a credit card company, there are some important questions you should ask yourself. Did you ever have a credit card from this company? Are the charges listed even yours? Is the amount they are suing for accurate?
The credit card company must prove that you breached the contract. They will need to show account statements and records demonstrating that you failed to pay the required amount. They will also need to show that they suffered harm because of your breach. For example, if you breached the contract but the company lost no money, they cannot prove harm.
However, you may have affirmative defenses that entitle you to a dismissal. If you have any evidence to disprove the credit card company’s claim, be sure to present it during your court date.
SYNCB/PPEXTR Affirmative Defenses
There are a number of defenses you can raise if you’re being sued by a credit card company. If any of these defenses apply to your situation, you may be able to get the case dismissed or have the amount you owe reduced.
For example, if you paid off your balance and the credit card company failed to give you credit for it, they have breached the contract, not you. If you can show that you paid, then you fulfilled your responsibility. If the company failed to account for it correctly, you are not responsible.
Some typical affirmative defenses are:
The Statute of Limitations
In every state, there is a law known as the Statute of Limitations. This law sets a time limit for how long someone has to file a lawsuit. For example, in Florida, the limit is four years for breach of contract lawsuits. If too much time has passed, the case must be dismissed and the person owed nothing.
It is important to note that when a statute like this applies, companies cannot write language into contracts that would circumvent the law. For instance, if a contract says that the company has five years to file a lawsuit but the law only allows four, then the five-year requirement would be invalidated by the law. The law always supersedes any other agreement.
In this particular instance, the plaintiff failed to attach the required paperwork to the lawsuit or provide any documentation of their allegations against the company.
Court Regulations Were Not Followed by the Plaintiff
If you don’t follow the court’s rules, the company will penalize you. So play by the same rules that they do.
Charged with Unauthorized Charges
You may be wondering what to do if you’re being charged for something you never authorized. First of all, don’t panic. You are not responsible for these charges unless you are a co-signer on someone else’s account and that person made the charges. In that case, you may be held liable.
Fees Not Included in The Contract are Being Sued
If a company tries to charge you fees that were not explicitly mentioned in your contract, you can sue them. This includes late fees, over-limit fees, collection charges, attorney fees, court costs, and any other similar charges.
Fees that Violate Statutory Laws are Being Sued
In many states, there are laws that limit or prohibit certain types of fees. If you have been charged a fee that is illegal, the court will dismiss it, regardless of what your contract says.
Charged an Illegal Interest Rate
If you’ve been paying an interest rate that’s higher than what the law allows, you may be able to get a refund. Many jurisdictions have laws limiting the amount of interest that can be charged.
Respond to SYNCB/PPEXTR Lawsuits as Soon as Possible
If you’re being sued for a debt, don’t ignore it. Many people make this mistake, thinking that because they can’t afford to pay back what they owe, there’s no point in responding to a lawsuit. Nothing could be further from the truth.
If you can’t afford to pay your debt, responding to a lawsuit is even more important. That’s because if you don’t show up in court, the company suing you can automatically get a default judgment against you for whatever amount of money they’re asking for. This could end up being way more than what you originally owed.
If you are facing a lawsuit from a creditor, it is important to take action immediately. The first step is to file an answer to the lawsuit, demanding that the company prove you owe the debt. You should also assert any affirmative defenses you may have. If the company can prove you owe the money, you may want to consider settling out of court. Often, creditors will agree to waive fees, interest, penalties, and some of the original debt if you settle out of court. This can be a good option if you are low on money and cannot afford to go through with a lengthy court battle.Clearone Advantage, Credit Associates, Credit 9, Americor Funding, Tripoint Lending, Lendvia, Simple Path Financial, New Start Capital, Point Break Financial, Sagemore Financial, Money Ladder, Advantage Preferred Financial, LoanQuo, Apply.Credit9, Mobilend