If you’re facing tough times financially and you’ve been sued by your credit card company, you’re undoubtedly wondering what to do. Can you fight a credit card lawsuit in Ohio? Yes, you can. In fact, you may have more options than you realize.
What to Do If a Credit Card Company Sues You in Ohio
If a credit card company sues you, you likely have significant credit card debt and have not been making payments for months. In Ohio, creditors can charge as much as 25 percent annual interest on unpaid balances. But by knowing what to do if a credit card company sues you in Ohio, you can respond appropriately and quickly. Here’s what to do.
1. Properly and Promptly Respond to the Lawsuit
Don’t ignore a lawsuit from your credit card company. In Ohio, you’ll have 28 days to respond. Providing a response means filing an answer in court that addresses the issues raised by the credit card company or plaintiff.
If you fail to provide an answer or wait too long, the court may issue a default judgment against you. This means that the credit card company would win the lawsuit by default. And that means your wages or bank account could be garnished or assets could be seized in order to repay the credit card debt in question.
2. Verify Debt-Related Information
Be sure to review all the numbers that the creditor alleges, including the amount you owe and the principal and interest. Don’t offer to pay or negotiate until you’re certain the amounts owed and requested in the lawsuit are accurate.
3. Negotiate, Challenge, or Pay?
Knowing what to do if a credit card company sues you in Ohio means knowing your options. Most credit card companies would rather settle your debt than have to take your lawsuit to court, which is more costly and time consuming.
Negotiating
With this in mind, you may be able to negotiate with your credit card company. Offering to pay a percentage of the debt could be acceptable, or the company could counteroffer. Factors like the amount of debt, past payment history, income, and more could all come into play. A creditor may say no, but if you’re in a position to negotiate, you could reduce your debt by a significant percentage.
Challenging Creditors
As a debtor and defendant, you have the right to challenge the creditor to prove that they legally own the debt, that the amounts in question are correct, and that the debt belongs to you. An Ohio financial attorney can help to make sure that a creditor is not attempting to use evidence or information improperly. You can challenge the lawsuit if you feel that the creditor made an error in that the debt is not yours or the amounts are incorrect.
Paying Off Debt
Similar to negotiating, you can request a settlement from the credit card company. Once agreed upon, you’ll have to make the necessary payment installations or lump sum payment, or the creditor could pursue the lawsuit against you. If you have the ability to pay in full, it may be the simplest option. Keep in mind that it could be difficult to obtain another loan for payment, however, if your credit score has been negatively affected by missed payments and other negative marks that lead to the lawsuit.
Defenses for Credit Card Debt Collection Lawsuits
Whether you’re being sued by your credit card company or by a collection agency, can you fight a credit card lawsuit in Ohio? You can. But winning could depend on the circumstances of your lawsuit.
There are valid defenses for credit card debt collection lawsuits. Here are a few:
- It’s not your debt – The credit card company must verify that the debt belongs to you, if requested. If you simply don’t recognize the debt, or believe the amounts are inaccurate or that the debt belongs to a different debtor or account, notify the credit card company. The company must also verify that they own the debt and that all of the amounts owed are actually correct.
- You didn’t receive notice – Credit card companies must provide notices to you concerning amount owed and past due payments. If you legitimately didn’t receive these notices, you may be able to argue that in court.
- The time limit to sue has passed – Creditors typically have limited time in which to file a lawsuit for credit card debt. If this statute of limitations has passed, that argument may hold up in court. You’ll need to present accurate records of your payment history and last payment, as the company will also have this information.
How a Lawyer Can Help
Being sued by your credit card company is not something to take lightly. Understanding how a lawyer can help is essential. At Fesenmyer Law Offices, LLC, our team of financial attorneys has years of experience helping people like you.
We will help you explore options and figure out what’s needed to avoid wage garnishments or asset repossession and stop collections and lawsuits related to debt. We will also see what defenses you could have against the lawsuit and will investigate whether the creditor or any collectors have violated your rights.
Bankruptcy Can Stop a Lawsuit
If you have a significant amount of credit card debt and you are unable to pay it back, bankruptcy may be an option. Once you file a bankruptcy, any lawsuits that credit card companies have filed against you will be stopped. The credit card debt will either be discharged completely, or paid back at a percentage, depending on which chapter of bankruptcy you file.
It’s not easy to know where to turn when you’ve been sued, so let us help. Find out more about how our lawyers can help by contacting us at 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati) today.
