Opening numerous credit card accounts can make the borrower accumulate large amounts of debts. The lending company can sue the borrower if they fail to pay their credit card debt on time and within the agreed terms. Sued borrowers can seek the help of a credit card debt lawyer to defend them in court. Some defenses that could require the assistance of an attorney include failure of proof of debt ownership, issuing period expiration, and negotiating a settlement. Below, the identified reasons are discussed in detail.
Failure of Proof of Debt Ownership
Issues concerning debt ownership occur when the suing party is not the original creditor of the debt in question. Hence there is a need to prove the debt ownership. The suing party must provide legal paperwork showing the appropriate documentation purchase of the debt from the original creditor or any other party that had purchased the debt. A credit card debt lawyer will argue that the suing party has no right to claim or collect the debt from the borrower. Consequently, the court may dismiss the lawsuit. Thus, clients should hire credit card debt lawyers to prepare a strong defense concerning proof of debt ownership.
If The Suing Period Has Passed
Under state law, a credit company has three to six years to sue its borrower for the unpaid debt. If the company or the suing party fails to sue for the debt during that period, the hearing court may dismiss the charges. Thus, the plaintiff must ensure they file the charges within the admissible period. On the other hand, defendants should hire credit card debt lawyers for a strong defense concerning the suing period. As a defendant, your credit card debt lawyer will evaluate the suing period to determine whether it lies within the acceptable period.
If One Requires Guidance In Negotiating A Settlement
A credit card debt lawyer will take you through a settlement's negotiation terms by providing all its outcomes. Moreover, the attorney advises the defendant on the debt owned and whether it is okay to proceed. In this case, it is advisable to negotiate with one's original creditor before they sell the debt to another creditor. In most cases, borrowers prefer out-of-court settlements compared to going to court because they can influence their fate. If the opportunity is missed to talk with the initial creditor, one may have to deal with the debt collectors before they come for one's assets. A credit card debt lawyer leading an out-of-court settlement may result in formulating a repayment plan and paying an initial lump-sum deposit with the balance to be offset later.
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