Your case is in the right hands at Young’s Law Firm, P.A.. Attorney Young Kim is an ardent lawyer who will thoroughly and competently represent you throughout the entire legal process. Whether you’re facing a lawsuit because of an outstanding debt or proactively searching for debt relief, you can trust attorney Young Kim for assistance. Call today for:
Credit Card Defense?
Have you received a notice that your credit card company is suing you? You have only 20 days to file a written response to the lawsuit and file it with the clerk of the court in the county where you reside. You can defend your own case or hire an attorney. If you do decide in defending your own complaint, you should first start by reading the complaint carefully. Pay special attention to items such as the reason why they are suing you, when and where to file your answer. Most importantly, don’t forget that you only have 20 days to file your answer. If you fail to file on time or respond insufficiently, the court may enter a default judgment against you. Defaults may lead to garnishment of wages, bank account levies, and property liens.
HERE ARE SOME IMPORTANT THINGS TO NOTE IF YOU ARE ANSWERING YOUR OWN ANSWER TO THE COMPLAINT:
Don’t state the reason why you couldn’t pay the bill. The court is only there to determine whether you paid the bill or not. Stating the reasons why you didn’t pay will be seen as an admission of guilt. Answer each and every question statement made by the credit card company. List the applicable defenses in your answer. Here are some defenses
- Statute of limitations
- Improper service
- Failure of the creditor to prove they own the debt
- Debt discharged in bankruptcy
- Identity fraud
- Failure to give credit for payment
- Unfair debt collection
What is the Telephone Consumer Protection Act (TCPA)?
Telephone Consumer Protection ACT, otherwise known as TCPA, is a federal statute, which regulates collection companies by limiting the use of automatic dialing systems and prerecorded messages. Any company contacts you in this manner, you may be entitled to anywhere from $500 and $1,500 in statutory damages, this is as long as the company has not obtained your consent or permission to call you. In many cases, the auto-dialed call doesn't have to be a prerecorded message, it can come in a short pause, a beep, a short hold and then a telephone representative coming on the line to speak with you.
However, if you originally provided your telephone number to an original creditor, then they have the right to call/contact you. Additionally, once they have contacted you and you ask them to stop calling you and continue to do so, this may be a violation of TCPA. If companies are not intending to call you specifically but to go on a fishing expedition to find information about the telephone number and former owner of that telephone number, this may also be an instance of a TCPA violation.
Regain your peace of mind from telephone harassment. Your time is valuable! Your line should be free so you can use your phone to call your loved ones, conduct business and also use it for important emergencies. If you think you have a TCPA claim, please contact me to find out whether you can receive monetary compensation for this harassment.