A Strategic Legal Defense Helps Resolve Credit Card Debt Cases
BOCA RATON, Fla., Jan. 16, 2020 /PRNewswire/ -- GM Law Firm, LLC continues to protect those embroiled in credit card debt and helps individuals avoid or fight lawsuits filed by credit card companies.
Credit card debt continues to rise dramatically in the U.S. with at least 55 percent of Americans owing debt on their credit cards, according to a report by CNBC. Making matters worse, when a card issuer or collection agency feels an individual is unresponsive to paying the debt, a lawsuit can be filed.
"It's important to be proactive in handling credit card debt to prevent a lawsuit," explains Chantel Grant, Esq., a debt lawsuit specialist and Senior Partner at GM Law Firm, LLC. "The good news is you will typically have up to 30 days to respond to a summons, so there's time to develop a legal defense strategy."
How to Respond to a Credit Card Lawsuit
First, verify the debt, according to legal experts. The debt collector may be required to produce a copy of the original written agreement between you and the credit card company, and proof that they have been assigned the debt, are registered in your state to act as a debt collector, and that the lender has the assignments of debt if your debt has been sold, which it often has been. If these documents can't be produced, you can argue that the lender does not have standing to sue you, and can request that the lawsuit be dismissed due to lack of standing.
Once verified, consider meeting with a legal team to create a strategic defense to help avoid, or beat a lawsuit. If a lawsuit is unavoidable, the Fair Debt Collection Practices Act (FDCPA) is clear about what debt collectors are and aren't allowed to do which can help build a defense. In addition, each state has a different set of statutes that must be met, along with proper debt notification protocols.
"In many cases, we've seen instances where the customer didn't actually owe the debt or the collector's practices provided a strong enough defense to get the lawsuits thrown out," says GM Law Firm's Chantel Grant, Esq. "If we can find discrepancies between your records and those of the company or violations of the FDCPA, then you can dispute the lawsuit and often get it dismissed."
The ultimate goal is leveraging a legal debt attorney to help negotiate a resolution that avoids the courtroom altogether. The GM Law Firm, LLC can devise the best ways to fight for debt dismissal.
About GM Law Firm, LLC
GM Law Firm, LLC, is a consumer advocacy law firm based in Boca Raton, Florida, that empowers clients battling credit card, repossessions, installment loans, private student loans and medical debt to fight for their rights and help negotiate a satisfactory debt resolution. The experienced attorneys from the GM Law Firm, LLC, also legally protect clients against harassing debt collectors and provide a customized strategy for debt defense. Contact GM Law Firm, LLC, for a consultation.
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SOURCE GM Law Firm, LLC