Question:

Can anyone give me some assistance on defending myself in court against a credit collection lawsuit?

by Guest32718  |  earlier

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The credit card company is suing me in court. I filed the answer, because they are dba another company and I received collection letters from both companies for the same debt. We are going to trial now and I need some help as to what I am suppose to do at trial.

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4 ANSWERS


  1. You cross examine witnesses, present evidence, make opening statements and closing arguments, present objections to evidence and otherwise defend.  If you don't know how to do that then hire someone who is licensed to do it for you.


  2. You are supposed to have a lawyer at trial.The Collection people will and they'll eat you alive.

    There is an old saying that the man who has himself for a lawyer has a fool for a client.

  3. These people telling you that you can't beat a lawsuit without a lawyer couldn't be more wrong. This is especially true when talking about debt collection lawyers, as they are generally the ones who just barely made it out of law school. They also usually lack the needed documentation to prove their case in court and as such will be quick to settle and sometimes will drop the suit anytime a consumer fights back. These people rely on default judgements from debtors who don't show up to court.

    The best way to fight these suits is to DENY, DENY, DENY. Make them prove all their claims with statements, receipts and signed contracts. Make them prove they have a legal right to collect this debt.

    Good luck. You might check the links below for some great FREE info on how to deal with these issues.


  4. You cannot win against a collection company without retaining an attorney.  They are ruthless and so are their attorneys - I know, I used to work for collection attorneys and I quit for that very reason.  

    You need to file a Motion with the court as soon as possible and ask for a continuance of the trial so that you may obtain counsel.  You are entitled to counsel and the court absolutely should not deny this.

    You might also ask the Court to schedule a settlement conference so you can try to reach an out of court settlement.  If you go to court and lose, you will not only be liable for the debt and interest on the debt, but you may also be required to pay the other side's costs and possibly attorneys' fees.

    It is always better to settle if possible, and as ruthless as they are, the collection agency is smart enough to know that some money is better than no money.  

    Good luck.

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