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Why You Need an Experienced Florida Debt Defense Attorney in a Credit Card Lawsuit

Dec 15, 2022 | Blogs

If you have found yourself facing a credit card lawsuit over an unpaid balance, you are probably experiencing some fears about your future and your credit in addition to the continued frustration that comes from credit card bills that have been beyond your control for some time.

At The Santos Law Offices, our experienced Florida debt defense legal team helps clients to take the right next steps to resolve a credit card lawsuit and return onto a path toward financial well-being. After reviewing the insights presented here, we encourage you to contact us today at (305) 417-4111 to schedule a free consultation over phone or Zoom so we can explore potential solutions for your unique case.

Risks To Your Credit and Your Future When You Face a Lawsuit From a Credit Card Company

A drawn-out experience with overdue credit card debt can severely damage your credit, which may prevent you from accessing car or home loans in the future. Working with an experienced Florida credit card debt attorney can prevent an even larger problem from developing, which could threaten to stall you as you seek to enter new chapters of your life.

Your spouse or children may needlessly suffer in the future if you hesitate to address credit card debt issues head-on with the help of an experienced attorney. Our clients are like family, and we are motivated to help you to be in a position to help yours thrive.

What Happens If You Ignore a Credit Card Lawsuit in Florida?

You may have a few options to consider, depending on the details of your case. First of all, do not ignore the lawsuit. Your failure to respond can lead to a default judgment against you, which may allow the creditor to garnish as much as 25% of your wages. That would probably only make your situation more difficult, so you will want to explore some better avenues.

You May Be Able To Agree To a Settlement or a Debt Management Plan to Pay Off Your Credit Card Debt in FL

An experienced Florida credit card debt defense attorney can help you to request a settlement. The creditor may allow you to pay a smaller amount, or they may allow payment in installments. They could also require payment of the full amount, which you probably would have done if you could afford it at this point.

Alternatively, you may be able to avoid the lawsuit by using a debt management plan to pay your credit card debt. This would involve a credit counselor and payment to the creditor through a third party, and you would need the creditor to agree to the terms instead of continuing with the lawsuit. Discuss with your credit card lawsuit attorney whether you should pursue this option.

If You Decide To Fight a Credit Card Lawsuit, Then You Will Need to Choose an Effective Strategy

If you choose to fight the lawsuit, you will need a credit card lawsuit attorney and a defense strategy. The background behind your credit card debt situation may help you to identify an appropriate path for your defense.

Some common and established strategies for defending against credit card lawsuits include:

  • Lack of Standing: Your debt may have been sold to another creditor who brought the lawsuit, and such creditors often do not have proper documentation to prove to the court that you owe them the specified balance. These creditors may be seeking a default judgment without the info to back up their lawsuit, in which case contesting them may resolve your issue.
  • Improper service of complaint or summons: You can respond to the summons that it was not served to you properly according to Florida Rules of Civil Procedure.
  • Statute of Limitations: If five years have passed since you have made a payment, the creditor may have missed their window to seek payment from you.
  • Violation of the Fair Debt Collection Practices Act: Threats or unreasonable calling tactics can lead you to seek as much as $1,000 in damages, plus attorney’s fees—or there may be an opportunity to use this to bargain and negotiate a settlement.
  • Fraudulent Charges or Mistaken Identity: You may assert the charges were not made by you.
  • The Debt Was Already Paid: Because credit card debt is often sold among creditors, it may be possible that you already paid off your debt to a previous creditor who had your account before it was sold. In such a case, the other creditor you paid should pay the creditor who filed the lawsuit against you.

Work with a lawyer for credit card lawsuit cases to avoid missteps and help you make this financial disaster more manageable.

Understanding Bankruptcy Options When Faced With a Credit Card Lawsuit in Florida

In some cases, bankruptcy may be the right option. You should probably rule out other options before pursuing this choice. Two types of bankruptcy may apply to your situation: Chapter 7 or Chapter 13. Chapter 7 bankruptcy involves liquidating your assets, while Chapter 13 bankruptcy would involve making affordable monthly payments. Your Florida debt defense attorney can help you consider these options.

An Experienced Credit Card Lawsuit Attorney at Santos Law Offices, PA Can Help You in Miami or Orlando, FL

At The Santos Law Offices, PA, we are motivated to help our clients when they need it to pursue a free and prosperous life. This is especially true when our work involves charting a path toward liberation from the shackles of overwhelming debt. We want to help you to escape credit card debt and plan for a successful and responsible financial future.

To schedule a free consultation with an experienced credit card lawsuit attorney in Miami, FL, call (305) 417-4111 today or fill out our online form. We can discuss your individual case over Zoom or phone. Let’s plan in relation to your goals and identify the right next steps for you to take to resolve your credit card lawsuit.

Copyright © 2022. The Santos Law Offices, PA. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

The Santos Law Offices, PA
6741 SW 8th St.
Miami, FL 33144
(305) 417-4111

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