So you’ve been sued over a credit card debt.  Maybe the original creditor—the bank, such as Discover Bank, American Express, Bank of America, or Capital One—is suing you.  Maybe a debt buyer is suing you—such as Midland Funding, Portfolio Recovery, LVNV, CACH, Cavalry SPV, Unifund CCR, Asset Acceptance.

So now what?

Answer Within 30 Days of Service

First, you must answer the lawsuit within 30-days of service.  To do this, you have to go down to the clerk of court and file an Answer.  The Clerk can help you file the Answer, but the Clerk cannot tell you...

What is a garnishment?

A garnishment is one way someone with a judgment against you can collect a debt.  The court directs a third party—such as your employer or your bank—to hand over your property (usually your money or wages) to a plaintiff who obtained a judgment against you.

A garnishment is not a new lawsuit

Garnishments are not new lawsuits.  However, they receive new case numbers.  Also, they are not filed in the county in which you live—they are filed in the county in which the property or money exists.

For example, if your bank is headquartered...

This is a quick-and-dirty post on how to Answer a credit card lawsuit in Magistrate Court in Georgia.  This other post has more information on Answering credit card lawsuits, including State and Superior Court lawsuits, as well as example files — How to Answer a Georgia Credit Card Lawsuit.

Do the Following When Answering A Credit Card Lawsuit In Magistrate Court

  1. Deny what you can.
  2. Admit what you cannot deny.
  3. Do it in writing.
  4. File the original with the Court.
  5. Send a copy to the other side.

Deny what you can.  You may believe that you...

Evaluations can be done over the phone

Most of my clients prefer to do an evaluation over the phone.  This is fine.  I will need to obtain certain information and get copies of certain documents from you, but otherwise we can discuss your options on the phone.  I can even sign you up by emailing you a retainer agreement if you choose to hire me.

Evaluations can be done over email

Many clients also choose to have an evaluation done by email.  This is fine as well.  As long as you can get me copies of your documents,...

Two links highlight the problems of robo-signing in credit card lawsuits.  They also give good outlines on the problems many of these cases possess.

Fox Business on credit card cases, robo-signing, and credit card lawsuits

Fox Business has an article on the problems of Robosigning in credit card lawsuits.  You can read the article here.

The article gives a general outline of the problems that exist in most third-party debt collection lawsuits brought by junk debt buyers.

California Attorney General sues JPMorgan Chase over credit card debt collection, robo-signing, sewer service, and more

The California Attorney General...