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Legal Defenses for Credit Card Debt Lawsuits


If you are being sued by a credit card company for your past-due debts, it can be a frightening and overwhelming experience. You are likely confused by the legal process and don’t know what to expect moving forward, which is why we are here to explain your rights and help you understand the possible defenses for a credit card debt lawsuit.

The Summons & Complaint

When a credit card company attempts to sue you for a debt, they must adhere to certain requirements when serving you the summons and complaint. If the creditor seeking repayment doesn’t correctly serve you with a notice of the lawsuit, you can challenge their protocol in court and might be able to have your case dismissed. An experienced lawyer can review the details of your situation and let you know if the summons and complaint were improperly handled by your creditors.

Statute of Limitations

All credit card debt lawsuits must be filed within a specific period time. The statute of limitations for credit card debt in most states is generally 3 to 6 years. The statute of limitations begins from the date of the last payment made on your credit card account. It is also important to point out that a debt collector cannot threaten to file a lawsuit against you for a debt that exceeds the statute of limitations in your state.

Fraudulent Charges

If your creditor is suing you after your identity or credit card has been stolen, you can claim that your debts were the result of fraud. It is important to speak to your credit card company as soon as you become aware of fraudulent activity on your account. Do not wait until you are served with a summons to report credit card fraud. The sooner you act, the easier it will be to gather evidence to support your claim and have the fraudulent actions removed from your account.

Fair Debt Collection Practices Act

The FDCPA contains strict rules that dictate what types of actions can be taken by debt collectors to retrieve past-due debts. Under the FDCPA, anyone who contacts you regarding payment on a credit card debt is considered a debt collector and must adhere to the guidelines stipulated in the act. If a debt collector tries to sue you without first providing proof of your debt, you can take legal action against them.

Get Help from a Chicago Consumer Attorney

Are you being sued by a credit card company? If so, you should immediately speak to our debt collections lawyers to learn how to protect your rights. Our lawyers are committed to helping clients resolve their legal issues and we have the resources that you need to secure a fair case result. Let us put our skills to work for you today.

Contact our Chicago debt collections lawyers to set up a free case evaluation.