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Now what do you do? Often, the consumer failed to answer because he or she had no idea the suit had even been filed. But the remaining consumers default for other reasons. The result is the same, a default judgment. First you must determine whether or not to hire a lawyer. Whatever the case may be, it is important to know that lawyers, especially those that focus their practice on debt defense and consumer protection, know the system and are much more likely to get you a positive result then going it alone.
Consumer lawyers know the courts, know the collection agencies and know the law. If you must go it alone, the following steps may serve as a general guide of how to avoid default and preserve your rights. Complaints are usually enumerated and so your answer should also be enumerated with your responses matching the Complaint paragraph-for-paragraph. For example:.
After answering the allegations, you may state any affirmative defenses or counterclaims you have. An affirmative defense is an explanation by you of why the Plaintiff is wrong and why you should win the lawsuit. Affirmative defenses are based on facts other than those alleged by the Plaintiff in the Complaint which, if proven by you, would defeat or reduce the claim.
If you do not include an affirmative defense, you may be waiving your right to rely on it later. For this reason, it is common practice to use a kitchen sink strategy with affirmative defenses and include as many in your answer as is appropriate. Commonly used affirmative defenses include:. Finally, you must determine if you have any counterclaims. A counterclaim flips the script wherein you are asserting a claim for damages against the debt collector.
The most common counterclaim to a debt collection lawsuit is one for violations of the Fair Debt Collection Practices Act FDCPA in which the collection agency or its attorney used false, misleading or harassing means to collect the debt. The Allegations of your counterclaim will look a lot like the allegations the debt collector made against you in the complaint. Once your answer is complete you must serve a copy on the attorney for the plaintiff.You can play the amazon fun zone quiz and win rs.
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The declared winner s will be eligible for winning Rs. Table of Contents. There are a total of 10 ten Prize s that will be given under this Contest. The Prize will be delivered to the winner on or before 31st May Leave a Reply Cancel reply.You are probably here because you have been served with a credit card debt summons. If that is the case, you are in the right place! Our site is specifically designed for anyone who has received a summons from either a junk debt buyer or an aggressive credit card company.
We provide you with free information that has already been used by thousands to win real credit card lawsuits, and get debt litigation cases dismissed! The most important thing you can do right now: Answer your summons! If you do not answer your summons, you will lose. Below are the steps you need to take in order to answer your summons. First, we will provide you with a quick summary, and then go further in depth.
Upon being served a credit card lawsuit, review the entire summons packet and pay close attention to all the information. Here are some things to look for: Is it the original creditor filing the complaint? Does a third party collector have legal claims to the debt?
When does the court expect a response? Is the original contract you signed with the creditor, or statements attached to the complaint? The complaint will contain a list of allegations against you. This is called the pleading form. You must respond to each and every allegation to preserve all your rights.
Failure to respond to a specific allegation may be an admission of its validity. Generally, your answer for each allegation should be one of the following: Admitted — you are not challenging the accuracy of the allegation Denied — you are claiming the allegation is inaccurate Lack of knowledge or information insufficient to either admit or deny.
There are other affirmative defenses you can use in lieu of or in conjunction with your answers listed above. Some of these affirmatives defenses include:. Affirmative Defenses Statutes of Limitations — the lawsuit was filed after the statuary limit on debt collection. Lack of Privity- no debt relationship exists between the plaintiff and the defendant used in cases when the plaintiff has purchased rights to collect debt. Invalid or Fraudulent Assignment of Debt i.
There are many more affirmative defenses applicable in debt lawsuit cases, for more information on this, click link below.
More Affirmative Defenses. There are a few commonly motions used to defend credit card lawsuits.
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Before drafting your motion, however, be sure to look up your court rules for proper formatting. Many courts discard improperly formatted motions without ever considering its merits.
The two most commonly used motions in debt lawsuit cases are the motion to dismiss and motion to strike affidavit of debt. A motion to dismiss may be filed if you feel the plaintiff does not have the legal right to sue you. A careful review of various affirmative defenses should be made to identify legal support for this motion. When researching and preparing a motion to dismiss, remember the following: Read court rules to see if complaint and summons were properly prepared Clearly list all legal reasons to support case dismissal Check court rules to determine if a memorandum or affidavit should accompany the motion.
Click here for information I used to get 4 cases dismissed. Motion to Strike Affidavit of Debt only applies to 3rd party Affidavit. An affidavit of debt is a sworn statement from the collection agency stating that they are privy to the records kept by the original creditor concerning the debt in question.Joinsubscribers and get a daily digest of news, geek trivia, and our feature articles. Without a doubt you have probably seen many advertisements on TV and online which emphasize the importance of your credit rating.
While these advertisements may be a bit of an exaggeration, your credit report is never-the-less important as it details accounts which have been opened in your name. As such, it is a good idea to periodically review your credit report as any suspicious activity could be an indication of identity theft. On that note, did you know that US law entitles you to free credit report from each of the three major reporting bureaus every year?
Here we will walk you through exactly how to get them. Image by Fosforix. The Fair Credit Reporting Act guarantees you access to your credit report for free from each of the three nationwide credit reporting companies — Experian, Equifax, and TransUnion — every 12 months. It is important to note that you are getting credit reports from the reporting agencies, not a credit score. Your credit report simply shows you a list of past and present accounts in your name which should be consistent across all three agencies while your credit score is numeric representation of this information and can vary between the different agencies, depending.
So essentially you are getting the information behind the score, but not the score itself. If you want to see your credit score from any or all of the reporting bureaus, these are not free and would have to be purchased individually.
Overall the process pretty intuitive, however as you navigate through each of the credit agencies, you are presented with upsell links to purchase either your credit score or credit monitoring. As we go through the sites, we will highlight areas which attempt to sell you to these non-free services. Prior to starting this process, we highly recommend having a PDF printer on your system so you can save a copy of your credit reports for your records.
If you do not already have one installed, follow our guide for installing a PDF printer first. When you go to AnnualCreditReport. You will need to provide some personal information so fill out the form and click Continue.Amazon The Credit Card Quiz Answers Today - Win 20,000 Amazon Pay Balance - 11 February 2020
Before visiting the first selection, you will be prompted with a notice of how to navigate back to AnnualCreditReport. Click Next to get your first credit report.
Verify this is correct and click Continue. Next you will be presented some security questions regarding your credit history. These are to verify your identity so answer them accordingly and click Next. Finally, you will get to the credit report. You can view this information here but we recommend you view the printer friendly version and save it to a PDF file for your records.
Note: There are a couple of upsell links on this page. If you would like to get your credit score, remember it will only be for TransUnion. Once you have saved your credit report, click the Return to AnnualCreditReport. When you are transferred back to AnnualCreditReport. Click Next. Experian will require you to initially identify yourself. Fill in the value as appropriate and click Submit. As the final step, Experian will ask a series of verification questions regarding your history.
Answer these appropriately and click Continue. This will open a new window containing your credit report for review. We recommend saving this to a PDF file for your records.What is a Credit Report? Answer: Your credit report is a record of your credit activity and credit history. Your payment history is also part of this record. If you have delinquent accounts, bankruptcies, foreclosures or lawsuits, these can also be found in your credit report.
Answer: As a consumer, you may request a free copy of your credit report from each of the three national credit bureaus every twelve months. Accessing and reviewing your credit reports from each of the three bureaus annually helps you ensure the accuracy of the information. It also allows you to monitor your account history to protect against identity theft. Answer: A credit score is a three digit number calculated from your data-rich credit report and is one factor used by lenders to determine your creditworthiness for a mortgage, loan or credit card.
Your score can affect whether or not you are approved as well as what interest rate you are charged.
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There are many different credit scores and the credit score you view may not be the score used by a particular lender. Credit inquiries are defined as either hard or soft inquiries. Checking your credit report at least once a year allows you to identify any mistakes and helps you manage your personal finances. Answer: Understanding the components that make up credit scores can help you wisely manage your credit decisions.
To see how it all breaks down, here's an example of how scores are calculated with a popular algorithm. All of these values are then broken down into a credit score, which ranges between and —the higher the number the better. Your credit history is also very important, as it demonstrates how long you've been managing your accounts, when your last payments were made, and any recent charges. Positive information remains on your report for an average of 10 years from the day its corresponding account is closed.
This information applies to loans like mortgages and car loans, the types of agreements that have fixed terms on the number of years for repayment. For revolving accounts, such as credit cards, your positive history will stay on your report for as long as the account is active.
Question: How to Dispute My Credit Report Online Answer: Because inaccurate, derogatory information can lower your credit score and may indicate fraudulent activity, it's best to dispute any potential inaccuracies as soon as you spot them. Your credit report is a record of your credit activity. A credit score is a three-digit number calculated from the information contained in your credit report.
Credit reporting began over a century ago. Back then, there were numerous credit bureaus localized in different communities. Representatives usually spoke to merchants face-to-face.
Get the answers you need to commonly asked questions about managing your credit. Share This Page. Wait-what about my credit? What is it? Take the next step toward financial health.
About Us. Client Support. Information for. Have questions?And of course, they would like a default judgment! The first thing you want to do is check your local court rules and see if you are able to file a motion to dismiss in lieu of an answer. When I was served and had a severe panic attack, I found a website full of people giving information and they said to answer the complaint right away. So I did. Not knowing that my state, Indiana, allowed me to file a motion for dismissal before I had to answer.
I was served without a contract or assignment attached to the complaint so, I could have gotten this dismissed. But, I listened to the websites and filed my answer. In Indiana, you can file a motion to dismiss first before answering, If it is not granted then you have to answer the complaint.
But here in Indiana, a motion is allowed before we have to file an answer so it is very important that you check your local court rules and see if there are any grounds for dismissal. If there are, check your rules and see if your court allows for a motion to dismiss before an answer. Once I filed my answer that meant I could not ask for dismissal. Now on to examples of how you can answer this summons and complaint.
Look at the complaint. There should be numbers such as:. Each number on the complaint is considered a count against you. I answered the complaint by looking at each count and stating my defense. You are basically picking at the complaint and you need to defend yourself. Remember that some courts allow a motion to dismiss in lieu of answer and some do not.
Therefore, you always need to check your local court rules. They may require you to still file an answer, or they may not even allow motions in lieu of answers. Remember to check and then double check! I got my case dismissed by using this package.The first and most critical part to winning your credit card lawsuit is to answer your summons. Below is an outline of the steps involved in answering your summons, and initially challenging your lawsuit.
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Additionally, there are sample documents used in winning cases. If the state allows it, use a motion to strike the affidavit of debt if it pertains to the complaint. The Defendant is indebted to Plaintiff.
Below this header there may be numbers listed. Each number is a separate complaint that must be answered individually. I had 23 Affirmative Defenses listed. List every single Affirmative Defense.
Even if it makes no sense to you, put it down. Legal Disclaimer- I am not a lawyer, I am not providing any legal advice nor am I claiming to be a legal or debt expert. This information is provided on my own research and experiences with my own Debt Lawsuits. This information and sample documents are for research and sample purposes, use this advice and forms at your own risk. Make sure that you thoroughly read any court instructions that are attached your the summons.
Verify how much time you have to reply to your summons. Most courts only allow 30 days for you to respond. It is advised that you check with the court to determine what the time limits are for your specific case. Read and answer the complaint line by line. Be sure to keep a copy for your own records. File a motion to dismiss in lieu of an answer, if possible. Refer to your local court rules to check if a certificate of service is required along with the motion or whether it should be filed separately.
Check the rules in your state for more information. Refer to your court rules and check under Interrogatories, Admissions and Request for Documents to see if your court allows you to serve the plaintiff after commencement of the action. Rules differ state by state. On the same day as the answer is filed, mail off discovery documents via certified mail requiring a signature by the plaintiff. The Defendant is indebted to Plaintiff Below this header there may be numbers listed.