Top 3 Reasons To Hire An Attorney To Deal With Your Credit Card Lawsuit
1. Experienced credit card attorneys give you a better chance to win.
Experienced credit card attorneys know the law, the rules of evidence, and the procedural rules of the court. We also know what questions to make, how to make a case, and how to defend a case. The simple fact is that an experienced credit card attorney will give you the best chance to win, and will give you a better chance to get a good result in settlement (if that is the route you choose to take).
By hiring an attorney you can prevent a...
The top 5 tips for choosing an attorney in a credit card lawsuit
Choosing the right attorney for you is key in any legal issue you are facing—whether it is a credit card lawsuit, a will, a divorce, the formation of a business, or a criminal matter. You need to choose an attorney that will be the right fit for your needs.
I want to be your attorney. However, sometimes I am not the right attorney for you. Whenever I speak with a potential client I give them an overview of my services and the way I handle cases—this gives them and me and opportunity to determine whether I will be the best...
Why you want a dismissal with prejudice rather than without prejudice in your credit card lawsuit
A dismissal without prejudice of a credit card lawsuit means the credit card debt collector can bring the lawsuit again. A dismissal with prejudice of a credit card lawsuit means the credit card debt collector cannot refile the lawsuit. In short, a dismissal with prejudice means the Defendant wins, while a dismissal without prejudice just delays a case.
What is the law on this?
Georgia’ Civil Practice Act outlines the rules for dismissals in O.C.G.A. § 9-11-41. A Plaintiff can dismiss at any time voluntarily before the first witness is sworn in.
If a Defendant has filed...
How to Answer a Credit Card Lawsuit
A Sheriff’s Deputy or a Private Process Server has come to your door and given you papers. Those papers are a credit card lawsuit. What happens now?
This post will examine the process for responding to a credit card lawsuit Complaint with an Answer. This discussion is based on Georgia law, and it is only being provided as an example for information purposes only.
Remember, every credit card lawsuit case is different, and you should speak with an experienced credit card lawsuit attorney if you have been sued by a credit card company or a third-party debt collector.
...The burden of proof in a Georgia credit card lawsuit
Debt collectors have the burden to prove they own the debt
This is a simple matter if the debt collector is the original creditor. If you had an American Express or Discover Card, for example, and it is American Express or Discovery that is suing you, then it is pretty clear who owns the alleged debt. (Most AMEX cases I see are handled by Kramer, Linkie & Taylor; Frederick J. Hannah & Associates seem to handle most of the Discover Card cases I see.)
Third-party debt collectors are the folks who buy debts for pennies on the dollar. These...