In court, "Sue" just means "ask". The credit card company is just asking the court to require you to pay the debt. Yes, they can ask the court to require you to pay The way THEY view it: You took on an obligation to pay for credit card purchases.
You promised to pay for future purchases and be responsible with your finances when you signed the credit card agreement. Then, every time you used the card, you signed an agreement stating that you would pay for the purchases Now you're claiming that it wasn't your fault, that the credit card company is responsible because they gave you a card when you weren't employed... It was YOUR responsibility to only purchase what you could pay for. The credit card company didn't have a method of determining your ability to pay for your debts.
1Respond to the credit card company's letter informing you of its lawsuit. Hire a lawyer if you feel you can't fight the lawsuit without one. He or she should respond to the lawsuit by the date specified in the lawsuit papers.
2Educate yourself on your rights when it comes to credit card debt, harassment and lawsuits. Understand that a credit card company has the right to sue you for unpaid credit card debts, but it does not have the right, under the Fair Debt Collection Practices Act (FDCPA), to harass you. Study the FDCPA and learn that the credit card company cannot threaten to sue you unless they intend to do so.
3Gather all documentation related to the credit card debt you are being sued for. If you are being sued, the company has established that you owe the debt. Discuss your debt and share your documentation with your lawyer.
You may be able to stop the lawsuit if you or your lawyer contact the credit card company and offer a payment schedule. Abide by the payment schedule you agree to with the credit card company. The company can resume legal action against you if you miss any payments.
4Appear in court on the date specified. The judge will automatically rule for the credit card company if you miss the hearing. Take your documentation with you so you know what you are referring to when you are answering questions and when your attorney is presenting your arguments.
5Ask your attorney to present your situation to the judge at the hearing. He or she should If you are unemployed and have no way of paying the debt. Let the judge know how much you can afford to pay every month.
If he or she orders you to pay a specific amount every month, abide by this and make the payment on time. Know that, if you begin missing payments, the credit card company can begin garnishing your wages. Your employer will withhold part of every paycheck in response to the court order from the judge.
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