Many times I get calls from potential clients who say they’re being sued in a credit card lawsuit.  When I ask who is suing them, they often name a law firm.  “It’s Hanna & Associates,” or “Greene & Cooper is suing me.”

While it is important for me to know what law firm is handling the lawsuit, the lawyers are not the Plaintiff.  To find out who the Plaintiff is, all you have to do is look at the “caption” of the Complaint or another pleading.  (The “caption” is the top part of a pleading—it identifies the parties, the court, and the case number.)

Below is an example caption from my example Credit Card Complaint.

In this caption, it is pretty easy to see that the Plaintiff is THIRD PARTY DEBT COLLECTOR, LLC.  The Plaintiff is who is the other party, and it is that entity or person who is suing you.

In a real credit card lawsuit, you’re going to have a credit card company or third party debt collector listed as the Plaintiff.  For example, you may have CACH LLC listed as the Plaintiff.  Or Cavalry SPV I LLC.  Or Pride Acquisitions, LLC.  Or LVNV Funding LLC.  These are all examples of third party debt collectors.

If it is an original creditor, you may see Capital One Bank listed.  Or American Express.  Or Discover Bank.

Sometimes third party debt collectors will list from whom they claim they’ve purchased the debt.  For example, you may see something like “CAVALRY SPV I, LLC ASSIGNEE OF HSBC BANK NEVADA, N.A. FOR ORCHARD BANK.”  Instead of assignee, they may use the term “successor” or “successor in interest.”

Nevertheless, in the above examples it is not Orchard Bank or HSBC Bank who is suing you—it is Cavalry SPV I LLC, a third-party debt collector.

Conclusion

If you are getting sued by a debt collector in a Georgia credit card lawsuit, then you want to look at the caption of the case to quickly find out 1.) who is suing you and 2.) where the lawsuit was filed.  (Magistrate, State, or Superior Court.)

Once you find this out, when you speak with an experience credit card lawsuit attorney then it is likely that attorney has had cases against that Plaintiff.

Knowing the name of the law firm is helpful as well, and this can usually be found on the summons or at the end of the Complaint (where the signature line is located).

An experienced credit card lawsuit attorney has also probably dealt with that firm before.

With this information, an experienced credit card lawsuit attorney can give you an idea on how the firm and their client typically handle cases, and what that might mean for your case.

But BEWARE—no attorney, no matter how experienced or brilliant, can predict the future.  Past actions by a Plaintiff and law firm in other cases may not apply to your case.  Despite a lot of common similarities, every case is unique, and it is important to find an attorney that understands that.  (And it is important for you to understand that as well.)

So speak with an experienced credit card lawsuit attorney if you’ve been sued over a credit card debt. You may be surprised at what our fees are, and what kind of help we can provide.http://localhost:4000