How I won my credit card debt lawsuit (Interview)
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- Опубликовано: 7 июн 2023
- How I won my credit card debt lawsuit (Interview)
Go here to settle your debt: tinyurl.com/39p3h42p
Go here to respond to your debt lawsuit: tinyurl.com/yeywyp8j
Go here to create a Motion to Compel Arbitration: tinyurl.com/3ztjfavv
Being sued for credit card debt is not a good feeling, and it can be pretty isolating. If you’ve been sued, you may have gone online to look for an attorney to represent you and discovered that it’s expensive, time consuming, and complicated to find a lawyer.
Luckily, SoloSuit exists to help people like you represent yourself in court and feel less alone throughout the debt collection lawsuit process.
In today’s video, we’re going to show you an interview I recently had with a real SoloSuit customer who used our services to fight off a major debt collection agency and credit cardy company in court-and win!
His name is Mason, from South Carolina, and here’s how he beat Zwicker & Associates and Discover in court.
If you have any questions, or if you need a helping hand, head on over to SoloSuit.com where you will find endless resources. From legal documents you can personalize to your case with our software, to education resources on our blog, SoloSuit’s mission is to help you feel less alone during your debt lawsuit.
Thanks so much for watching, and good luck with your case. SoloSuit is rooting for you!
Definitions:
Summons and Complaint = Legal documents that initiate a debt lawsuit. The Summons tell you that you're being sued. The Complaint (aka Petition) tells you why you're being sued.
Answer = A formal written statement in response to the plaintiff’s Complaint. In a debt lawsuit, the Answer document contains a list of responses to each allegation outlined in the Complaint, as well as a list of affirmative defenses.
Motion for Summary Judgment = A legal document that requests the judge to rule in favor of the party that filed the motion without holding a hearing or trial.
Motion to Compel Arbitration = A legal document that requests the case to be moved to arbitration. Arbitration is a private process outside of the court where the disputing parties in a legal case can present their arguments and evidence. An arbitrator, or a neutral individual, listens to both sides and renders a decision about the legal dispute. In order to compel arbitration, the credit card agreement must contain an arbitration clause.
Dismissed with Prejudice = When a case is dismissed with prejudice, the plaintiff cannot refile the same claim again in that court.
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Hi, I recently had a lawsuit filed against me on 7/18/23. My credit card company(FNBO Bank) filed the lawsuit against me. I have always paid my credit card bills on-time until late December because I'm actually unemployed. I've been out of the workforce for quite awhile due to caring for my special needs child who passed in 2020. After my he passed, my brother asked if I would care for my mom because he could no longer do it. I told him yes i would so she ended up moving in with me. She lived with me until she fell off the bed and broke her (rt)hip. My home was no longer equipped to care for her. She would have to walk up 12 steps just to get to her bedroom, and with a broken hip it wouldn't be impossible. She was then placed in an assisted living facility. Both had fixed incomes so I was able to use some of their incomes to pay the bills. Now that my mom is no longer here, I've fallen behind on my credit card bills. I still have not found a job so I'm unable to make even the minimum payments. Do you have any suggestions for me?
He just did his homework with gathering all the information he needed. A lot of collection agencies when they sue, and go thru court process they just say it’s too expensive to send an attorney for a small debt. I went thru the same scary process and solo suit helped me too. Thank you so much and keep on doing these kind of videos and sharing more information to consumers. Lots of us don’t know how to defend against abusive debt collectors.
Mason definitely did his homework, but we're glad we could be a part of helping him win his case. Also, we're happy to hear we helped with your case. We hope you win, too!
solosuit is always doing awesome work. their videos come in handy!! keep coming with these awesome videos!!
Thanks for the feedback! Glad to hear our content is helpful.
it sees that the statute of limitations on debts varies... in Ohio, google says it's 6years... nice clear video, well explained, novel idea to compel arbitration.. ttyl
That's right, Michael. The statute of limitations is different in every state. Check your state's statutes here: www.solosuit.com/posts/statute-limitations-debt-by-state
I used solo suit in addition to other tools and information. I got a debt buyer lawsuit dismissed. They had a mess of information though. Everyone should always question the validity and the balance. They have to provide certain things in the complaint , if it's a debt buyer
Congrats on getting your case dismissed! We're glad we could play a part in helping you win.
My case defaulted I was never served and the debt is old last payment was 2019 in New York it is illegal what they are doing to me
I’m in a similar position what documents they need to provide for validity
Does winning a collections civil case have any effect on my credit scores or profiles on the credit bureaus?
In some cases, if outlined in the judgment, creditors and debt collectors should remove negative marks on a credit report.
Well that’s easy to win if it’s beyond the statute of limitations.
You'd think, but 90% of debt lawsuits end in a default judgment because most consumers don't know how to respond, or they don't know anything about the statute of limitations and don't bring it up in court. Knowledge is power!
@solosuit unless someone has a contract with that debt collection agency the original contract becomes null and void once they original company sells the account....besides which the accounts are pre Paid under the bankruptcy act of 1933 plus there's other applicable laws that play into this rabbit hole!
Hi staff at solosuit, I wasn’t served for a capital one credit card and it was sent to my sisters old address. My mother lives there now and I just happened to see the mail on her counter. I looked up the case number in the nj courts and it’s in default. A lawyer is representing capital on. Should I send a Motion and Declaration to vacate judgment?
If you send a Motion to Vacate Judgment and the court grants it, you'll have a new opportunity to respond to the case, and if your response is strong enough, it could lead to a dismissal of the case.
Hi, any update on your progress? What helped you out if anything I need some advice thank you in advance.
Would the motion for arbitration work on a larger debt ($12,000) from an agency collecting a debt for Discover?
If there is an arbitration clause in the credit card agreement, the Motion to Compel Arbitration is typically very effective.
Does a witness need an affidavit to be allowed to testify in court? Or can they testify as long as all parties are aware of the witness intention to testify?
It probably depends on the rules of civil procedure, which vary by state.
WHAT HAPPENS AFTER THE MOTION TO COMPEL ARBITRATION.? Do you get any more notice for the collections?
If the court grants the Motion to Compel Arbitration, then the next step is typically for the arbitration meeting to be set up. If the plaintiff doesn't want to resolve the issue through arbitration, they might file a Motion to Dismiss the case.
@@solosuit It looks like I have a Mediation coming up. Why was the Motion to compel arbitration skipped to mediation? I did not see or recieve any document from the plaintiff to proceed with medication?
@@christianowusu9764 it could be the process of the specific court in which your case is filed. For example, check out this article on mediation and arbitration: www.americanbar.org/groups/litigation/committees/alternative-dispute-resolution/practice/2016/can-courts-enforce-contractual-mediation-provisions/
@@solosuit this really helped. Its part of the process
@@christianowusu9764 glad to hear it helped. Good luck with mediation. SoloSuit is rooting for you!
HELP!!😭 is it true that fraud has no statute of limitation?
Do you know or how to find case law to suport filing a case after the statute of limitation?😳
The statute of limitations on fraud varies by state. What state are you in?
Is a Validation letter and an answer letter the same thing?
They are different.
A Debt Validation Letter is a document you can send to a debt collector before a lawsuit is filed to force them to validate your debt before taking further collections actions. This can block a lawsuit from ever happening.
Once a lawsuit has started, an Answer document helps you respond to the claims and prevent losing by default judgment. It can help you win the case, buy you time to work out a settlement, or buy you time to prepare for a hearing or trial.
Missed an important point.. if the debt was medical, a verification request allows the answer (all diagnosis, etc) to go public.
In which state was this case?
South Carolina!
I’m going through this in Texas
Good luck! SoloSuit is rooting for you!
What happened? I am tx as well
So the judge entered judgment during a hearing on a motion to compel arbitration??? That’s odd.
The power of compelling arbitration!
I used your form for an answer and all is silent since April. Three months ago. In a different situation, I got a copy of a motion for summary judgement with a copy of the last bill and the plaintiff is the credit card co. If I compelled arbitration, what is liklihood of dismissal on $12,250? Are accounts over 10k handled differently?
It depends on a lot of factors, but dismissal for a $12,250 debt seems a bit less likely, especially if there is solid evidence that you indeed owe the debt. If you aren't in a place to pay off the debt, you might want to consider debt settlement. We can actually help you with the process of settling your debt. Check it out: www.solosuit.com/solosettle
I responded with an answer and I received another letter to go to jury hearing
Be sure to attend the hearing. If you don't, you could lose by default judgment.
How did hearing go?
What if i lose in court
If you lose in court, there will typically be a judgment entered in the case. You will have to pay the creditor or collector according to the terms outline in the judgment. If you do not pay, they could garnish your wages to get the money.
Damm I diden't even know credit card debt can go to court 🤭😧
It sure can, but you can also settle before the court date if you use SoloSettle to negotiate with creditors and debt collectors: www.solosuit.com/solosettle
I truly need help
Need help? Reach out to us at support@solosuit.com and we'll try to point you in the right direction.
If I have a house and my husband has a great job, they WILL come after us.
You might consider calling to negotiate a settlement plan before they take legal action against you.
What if it’s discover?
Not sure what you're asking, but people use SoloSuit frequently to respond to credit card debt lawsuits against Discover.
Yeah they want 19% of the debt. They’re just another debt company . No thanks. I’d be better off making a deal with the creditor myself. Your 19% is way too much
10% of your debt amount for an attorney is a pretty great deal, actually. The remaining 9% is only paid if there is a successful settlement of the debt. You can also use SoloSuit to respond to a lawsuit on your own if the settlement fee doesn't work for you and your financial situation. Just know that SoloSuit is rooting for you and wants to help you resolve your debt.