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Can I even defend against a lawsuit if it was my credit card?

Posted by Mateusz Szymanski | Jan 13, 2023

Yes, you can, and you should! The plaintiff bringing the suit has the responsibility to prove to the Court that you owe on the account. They must also prove the specific amount they are saying you owe.  Not defending yourself in a lawsuit makes it very easy for the Plaintiff to win.  When they win, they get a judgment and can start garnishing your wages and assets almost immediately.  

The attorneys at the Holland Law Group evaluate every new case we take on to explore many viable defenses.  These include:

Lack of Standing

Is the Plaintiff the actual owner of the debt? Can they prove it in Court? To win their case, the Plaintiff has to prove that they own the account and that they are entitled to collect on it. 

Statute of Limitations

Is the Plaintiff's right to sue for this account still valid or has it expired?  The law provides time limits for how long a Plaintiff can wait before filing suit to collect.  When that time limit expires, Plaintiff can no longer sue on it.  This limit, or statute of limitations, varies depending on the type of account and the type of lawsuit filed.

Full or Partial Payments

Have all of the payments you made on the account been applied to the balance?  The Plaintiff has to prove the amount they are seeking reflects all of your payments.

Discharged by Bankruptcy

Was this debt previously discharged by a Bankruptcy Court?  If it was discharged, they may not be entitled to collect and might instead be liable for FDCPA violations.

Fraudulent Transactions

Were you the victim of fraud, where someone made unauthorized charges on your account without your knowledge?  The Plaintiff must prove by the preponderance of the evidence that that you initiated the transactions or that you authorized a third party to do so. 

It is extremely important to know what questions to ask, and when you hire the Holland Law Group, you are getting an attorney with years of experience defending and litigating debt cases to help you build a strong defense.  We help people in your situation each day, across the state of Florida, from Miami to Tampa to Jacksonville and everywhere in between.  Let us help you too!  Call us today so we can discuss your case in a free consultation.

About the Author

Mateusz Szymanski

Mateusz Szymanski earned his Honors Bachelor of Arts in History from the University of Toronto. He then went on to attend Ave Maria School of Law in Naples, Florida, graduating in the top half of his class, and has been admitted to the Florida Bar since 2012. Prior to joining the team at the Hol...

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