The Fort Lauderdale credit card defense attorneys at Loan Lawyers have dedicated more than 100 years of combined legal experience to fighting on behalf of and protecting consumers and individuals who need help dealing with overwhelming debt.
We know the stress involved when credit card companies and debt collectors intensely try to collect on credit card debts and litigate collection lawsuits. If you are being threatened with litigation by credit card companies, you may not realize that you may have legal defenses that could allow you to dramatically reduce the amount of money you owe or even get a debt collection case thrown out of court.
We understand what you are going through, and want to help you. We make it our business to know how credit card companies, debt collectors and their lawyers process and litigate debt, medical bill, credit card, and student loan cases. In fact several or our attorneys on staff previously worked for credit card companies, banks, and debt collectors, so we know the most optimal way to win your case.
Loan Lawyers knows how to beat the credit card companies and debt collectors and has a proven track record of doing so. Our Firm has been successful in getting lawsuits similar to yours thrown out of court, getting the debt completely removed or settled for pennies on the dollar, as well as getting credit repaired. We have very affordable flat rate fees and payment plans, and handle many cases on a contingency basis, meaning you won’t pay any attorney’s fees or costs unless we win your case.
- We offer a money back guarantee on debt buyer lawsuits (if you have to pay anything to the debt collection company we will return your legal fees).
- Over $100 million in credit card reductions and debt elimination for our clients.
- More than $20 million recovered on behalf of our clients due to the negligence or fraud of credit card companies and debt collectors.
Contact Loan Lawyers by phone or reach out to us online to learn about your legal options. We have many strategies to help our clients achieve the best possible outcome for their specific situation. Let us review your situation for free and advise you about the best course of action.
Common Credit Card Collection Defenses
If a credit card company sues you in an attempt to collect a debt, potential legal defenses exist that can serve as a defense to having to pay some or all of the amount the credit card company wants.
Some potential credit card collection lawsuit defenses include:
- Improper service – State and federal courts impose requirements about the proper delivery of the summons and complaint to all parties in a lawsuit. If a credit card company has not served you with the complaint and summons according to the rules of the court, you can assert this procedural defect as part of your defense.
- Statute of limitations – Under Florida law, a lawsuit to recover on a credit card debt must be filed within four years of the last payment or acknowledgement of the debt. If you have not made a payment or a purchase on your credit card within four years, you may be able to dismiss a credit card company’s lawsuit as too late under the statute of limitations.
- Fair Debt Collection Practices Act violations – If a collections lawsuit has been filed against you, you may be entitled to assert an FDCPA violation in response, using the damages awarded as an offset for money you may owe.
- Lack of standing – If the party, such as a debt collector, that sues you is not the credit card company, it must prove that it has the right to sue you. Typically, the debt collector or other entity that took over the account will be required to submit an agreement showing that it purchased your debt from the credit card company and other necessary documentation. These purchase agreements are sometimes vague and fail to show that the purchasing party bought your specific account.
- Payment in part or full – If you have paid off your credit card account, even to the wrong party (such as when your account is sold off by the credit card company to a debt buyer), the party that now owns the debt may only be entitled to recover your payment from the credit card company if you were never provided with notice of the sale.
- Fraudulent credit card charges – If you have been the victim of identity or credit card theft, you may be entitled to assert the fraud as a defense.
- Bankruptcy discharge – If your credit card debt was properly discharged in bankruptcy, you are not obligated to pay the debt any longer and may assert this as a defense.
- Mistaken identity – If you are sued for a credit card account you do not own, you can assert that you do not owe the debt.
Some of these credit card collection defenses are highly technical, which necessitates the assistance of trusted, reliable legal counsel to represent you in court proceedings.