Monday, December 20, 2010

The increasing trend of debt credit card applications - an appeal which is served?

It used to be that once a creditor to pay a debt as bad debt "and wrote his books, the debt has been made. No more, my friend. Today, the collection of old and even outside the law "debt" is big business. A large collection agency or debt buyer of junk, "as they are commonly called, is intended to provide an average of 279 lawsuits card debt per day!

That's 66,960 legal action by a company!Fear.

Because the library is often a last attempt to collect a debt. If harassing phone calls and illegal was not enough, now that Mr. Process Server knocks on your door!

The good news is that by the time these abusive collectors come to you, it's likely that your debt is illegal. The SOL for credit card debt can vary from 3 to 10 years, the average seems to be about six years from the date of last activity(Dola) or the last time you made a payment.

"I can just ignore the cause?

No! Once a decision is entered by default (which is what happens when you do what it is) of all possible defenses to the cause is lost and the collector must prove its case.

The collectors are literally banking on the fact that most consumers do not respond. default judgments are gold mines for the creditors because it means you do not have to prove that you owe money, asI owe you and especially the staff of the credit card company or other creditor shall not enter the court.

A ruling in his absence gives the creditor the right to garnish your wages, freeze bank accounts and / or put a link on their property.

Answer

You must file what is called a "response." However, be careful. In some jurisdictions, all of the defendant (you) the affirmative defense must be submitted at the same time, the original response is filedbefore the court or the defenses are lost forever.

An example of a defense because of the debt would be outside the law, the Statute of Frauds, the actor improper transfer of the debt is not valid, and the violation of the Fair Debt Collection Practices Act, to name few.

You must file an "answer, yes," the document line by line to respond to each numbered paragraph in its complaint, with a knowledge claim, deny, or lack ofstatement. Then go to assert their defenses to their cause. This usually should be made on 28 lines of the memory card.

If you are in court, it is best to contact an attorney to help determine what defenses may be applicable. If you can not pay, you can check with local legal aid office for assistance.

However, it is possible to defend (said to be a candidate for Pro Se) in this type of legal action. Many people have managed to coincide with "answers" to theirdemand and reduced its cases. If you are proactive and fight these collectors head, often buckle and go to the next view "default."

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