Fear of Credit Card Debt Summonses and Bankruptcy – How to Avoid Them Part 2
Debt collectors and collection attorneys have difficulty documenting credit card debt, particularly if they represent a junk debt buyer who has bought the debt for pennies on the dollar, according to the Credit Card Debt Survival Guide. They would also prefer not to go back for documents to the credit card company, if that is who they are working for. Instead they would prefer to make their quota by pursuing consumers who do not know enough to properly respond to the debt collector’s or collection attorney’s initial demand for payment with a request for documentation per the Fair Debt Collection Practices Act.
The summons for a credit card debt lawsuit arrives AFTER the collection attorney has decided that the consumer is a good “guilty” candidate, meaning the consumer has sent nothing demanding proper documentation of the debt. Or, in some states where it costs little or nothing to file a complaint at the court, the collection attorney simply does not respond to answers to summonses from consumers that point out there was insufficient documentation furnished. They simply abandon the lawsuit. It happens all the time, according to the Credit Card Debt Survival Guide.
“This claim, or this attempt to collect a debt, has not been reviewed by an attorney.”
Collection attorneys must send initial mini-Miranda notices that are the same as debt collector notices. That is because attorneys attempting to collect a consumer debt are considered debt collectors by the Fair Debt Collection Practices Act. The appropriate written communications to a collection attorney will motivate him to spend his time elsewhere, just like it will a debt collector.
While debt collectors can threaten a lawsuit and while receiving notices on collection attorneys’ letterheads can be unnerving, any consumer who bothers to educate himself about credit card debt collection can motivate debt collectors and collection attorneys to focus their energies elsewhere. It is all about documentation; how a consumer responds in writing to collection attempts and what original creditor documents the collection attorney has to pursue someone with (usually none, or just a few copies of old statements).
Consumers file for bankruptcy for protection against creditors; to stop creditors from taking legal action to deprive them of assets. Consumers should revise their thinking about bankruptcy when it comes to credit card debt. The selective informal bankruptcy with non-payment of credit card debt is the effective debt solution to consider. Court bankruptcy should be the last option, not the first. Typically there is no signed contract between the bank and rhe credit card holder. Those signed charge slips are for the merchant’s benefit, not the bank. Consumers should think about documentation, and be willing to put up a fight, before considering bankruptcy.
NOTE: Recently the courts have become aware of, frowned on and punished collection attorneys filing credit card debt lawsuits with little or no documentation and expecting a default when the “guilty” debtor fails to show up for court or respond to the summons in writing. A short answer to the summons demanding documentation is enough to defeat the lawsuit.
This content is not intended as a substitute for legal advice. If you need an attorney in your local area, please contact a licensed attorney in your state.
For Part 1 of this article go http://www.credit-card-debt-survival.com /credit-card-debt-articles.html
About the Author
Matt Highlander researched the Credit Card Debt Survival Guide for consumers seeking to educate themselves about how to eliminate credit card debt. Matt Highlander is a contributing writer. www.credit-card-debt-survival.com
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