No one wants to be served with a credit card lawsuit. Credit card companies and debt collectors often file suit expecting consumers to give up without a fight, leading to automatic judgments against them. Don’t panic: You have legal rights and multiple defense options that could lead to the lawsuit’s dismissal.
At Loan Lawyers, we have helped thousands of Florida residents fight — and win — credit card lawsuits. We understand the stress and anxiety you’re feeling right now. Our attorneys can review your case and discuss ways to relieve your financial burdens. Call today to learn more about how to get a credit card lawsuit dismissed and whether it’s a valid option in your situation. The first consultation is free.
Steps to Take When Served with a Credit Card Lawsuit in Florida
Taking prompt action is crucial when you receive notice of a credit card lawsuit. Follow these steps to get started:
- Review the summons and complaint carefully – Examine all the information contained in the summons, including account numbers, dates, and amounts. Look for any errors that could help your defense.
- Learn the response deadline – In Florida, you typically have 20 days to respond to a civil summons for debt collection. Missing this deadline could result in a default judgment against you.
- Prepare a case file – Keep copies of the lawsuit paperwork and any communication with the creditor or debt collector. Collect any documentation related to the account, including statements, credit card payments you made, and correspondence with the creditor.
- Seek legal guidance – Contact an experienced credit card defense attorney who can evaluate your case and outline your options.
Possible Legal Strategies to Dismiss a Credit Card Debt Lawsuit
Worrying about what happens when a creditor takes you to court is natural. However, several effective strategies might lead to dismissal of your credit card lawsuit:
- Statute of limitations defense – Florida law sets a five-year time limit for filing credit card lawsuits. If the creditor waited too long, the case could be dismissed.
- Lack of standing – Sometimes, creditors who buy debt from original credit card companies cannot prove they own the right to sue. Without proper documentation of ownership, the court may dismiss the case.
- Insufficient documentation – Creditors must prove you owe the debt and the amount claimed. Their case may fail if they cannot produce debt validation documents or complete payment histories.
- Procedural errors – Technical mistakes in the filing or serving of a credit card debt collection lawsuit could provide grounds for dismissal.
The Fair Debt Collections Practices Act (FDCPA) grants other protections to consumers facing credit card lawsuits. An experienced attorney can determine whether creditors violated your rights during the debt collection process and take legal action against them.
The Role of a Fort Lauderdale Credit Card Defense Attorney in Dismissing Your Lawsuit
An experienced credit card defense lawyer from Loan Lawyers can help pursue a case dismissal by:
- Analyzing the evidence – We thoroughly review all aspects of your situation to determine strengths and weaknesses in the suit against you.
- Building your defense strategy – We gather evidence, challenge the creditor’s documentation, and develop robust legal arguments for dismissal.
- Meeting legal requirements – We prepare and file all necessary legal documents within the required deadlines.
- Representing your interests – We handle all communication with creditors and their attorneys, protecting you from harassment while fighting for the best possible outcome.
At Loan Lawyers, we have extensive experience defending credit card lawsuits throughout Florida. Our attorneys understand the tactics that credit card companies and debt collectors use and how to challenge their claims effectively.
What Happens If the Dismissal Is Not Granted?
If the court does not dismiss your credit card lawsuit, you still have several options. Our legal team can help you by:
- Challenging the evidence – We will start by demanding proof of every dollar claimed and questioning the creditor’s documentation.
- Negotiating a settlement – We often reach settlement agreements for significantly less than the amount claimed, with manageable payment terms.
- Filing counterclaims – If the creditor violated consumer protection laws, we might file counterclaims and demand compensation for you.
- Considering debt relief options – We can explore alternative debt relief solutions to protect your assets and income, including bankruptcy, if appropriate.
Frequently Asked Questions (FAQs)
Still have questions? Here are the answers to some of the ones we most commonly receive regarding credit card lawsuits.
Can I get a credit card lawsuit dismissed without an attorney?
While no law requires you to hire a lawyer, representing yourself can be risky. Credit card companies employ experienced attorneys who understand complex consumer laws. A debt defense attorney can identify legal defenses you might miss and protect you from predatory behavior throughout the legal process.
What is the typical statute of limitations for credit card debt in Florida?
In Florida, creditors generally have five years from your last payment to file a credit card lawsuit. After this period expires, you may have a strong defense against the lawsuit.
What documents should the creditor provide to prove the debt?
The creditor should provide the original credit card agreement, complete account statements showing all charges and payments, and documentation proving they own the right to collect the debt. In many cases, creditors cannot produce all the required documentation.
How long does it take to dismiss a credit card lawsuit?
No lawyer can guarantee they will get your debt lawsuit dismissed. There are also no set timelines for resolving your case. Some conclude within a few months, while others may take longer. Our team works efficiently to seek the fastest possible resolution while protecting your interests during the legal process.
Will dismissing the lawsuit improve my credit score?
If the lawsuit is dismissed, the creditor should update credit reporting agencies to show the lawsuit was resolved in your favor. However, the original missed payments may still appear on your credit report. We can advise you on strategies to rebuild your credit after resolving the lawsuit.
Taking Action to Protect Your Rights in Fort Lauderdale
Facing a credit card lawsuit in Fort Lauderdale can be scary, but you don’t have to do it alone. The skilled Fort Lauderdale bankruptcy attorneys at Loan Lawyers can help you assert your rights. Our proven trial lawyers have 100 years of combined experience assisting clients to resolve their debts and regain financial freedom. We have helped over 7,000 Floridians get out of debt and move on with their lives. Let us help you, too.
Contact Loan Lawyers now for a free consultation with our Fort Lauderdale credit card defense attorneys.
