Debt Collection Lawsuit: How To Prepare | The Communication Blog

Monday, April 9, 2012

Debt Collection Lawsuit: How To Prepare

By Allan Henry


When facing your collector in court you need to have as much knowledge as possible. Many debt collection lawsuits are won because of the lack of knowledge on the part of the consumer. Let me share with you a few things you must know before trying to deal with a debt collection lawsuit.

The majority of debt collection lawsuits are won each year because of silly technical mistakes made on the part of the consumer. The attorneys that work for banks and creditors are well aware of this and try to exploit the lack of knowledge to their advantage. Opposing attorneys will often do this through asking more questions that are necessary to try to get the consumer to hurt their own defense. Beware of this if you are representing yourself in court!

One clue as to what to focus on in a debt collection lawsuit is who exactly is suing you. Original creditors initiate the majority of debt collection lawsuits. Third party debt collectors tend to stay away from lawsuits because they have far less evidence that the consumer owes them money.

The attorneys that are employed by banks and creditors are not stupid at all. They know which types of arguments will work and they know what arguments to avoid. The trick to successfully represent yourself through a debt collection lawsuit is to know which arguments to make against your creditor. The opposing attorney will try to steer you away from these arguments so beware.

So how should you take control of the argument in a debt collection lawsuit? The places where your creditor will be the most vulnerable will be the fact that your creditor never had money in their possession, which they then loaned to you on your credit card. This argument is effective because creditors often try to hold you to the same standards as a conventional loan even when credit card debt is quite different. You should also require that the creditor produce your signed and dated original contract so that it is clear what terms you specifically agreed to.

Because this article only shares a small portion of what you should prepare yourself with before entering into a debt collection lawsuit, I suggest searching out more detailed information. A high quality and trustworthy resource I have used is www.creditcarddebtlitigation.com. There you will find a large amount of resources to aid you through the debt collection process.




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