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Credit Card Lawsuits: Make Sure They Have Their Facts Right

Judge's Gavel and Credit cards

Credit card debt affects millions of consumers in the US, with cumulative totals hovering around $787 billion right now. And although that is less than the sums associated with student loan debt, both consumer and household debt keep reaching historical highs. Before COVID-19 this was a concerning issue, but now Americans are saddled with medical debts that are worse than ever. Health-related expenses continue to escalate for individuals still dealing with the long-term effects of the virus too. 

As financial problems continue to surge for Americans hardest hit during 2020–and who may have already been under financial duress previously—many are forced to lean on whatever credit card balances they may have left. That could also mean dealing with a combination of charged off accounts, delinquent accounts, and one or more cards that are still currently viable. 

Many other factors aside from the devastation of COVID-19 tend to cause credit card debt too, from serious illness and major injuries often related to events like car accidents. Debtors may be going through problems at work or unemployment, loss of hours, separation or divorce, or they may be struggling while caretaking for a relative. 

If you are concerned about mounting credit card debt, speak with an experienced credit card debt attorney from Fitzgerald & Campbell, APLC as soon as possible. If you have been served with a summons and complaint, time is of the essence. Usually, you will be allotted 20 to 30 days to respond to a collection lawsuit, and it is highly recommended that you seek out legal expertise in doing so. In working with your attorney, consider not only a reply but also a defense to the collection lawsuit. 

While you may be interested in negotiating with the creditor or debt collection agency—and they may be extremely open to this—also consider the fact that debt collection agencies are notorious for being sloppy about their numbers and overall information; in fact, there could be numerous errors included in any collection lawsuit. Make sure that their numbers line up with your credit card information. Your attorney may recommend not only asking them to prove their standing to sue you, but for them to also provide documentation for the history of your account. 

While there may be obvious errors that you (and a judge) are able to see, in some cases a collection agency may have bought accounts in volume “as is,” and with absolutely no back-up documentation. It is critical to hold them accountable for showing that you do owe a debt, and exactly what it is. 

Speak with an attorney from Fitzgerald & Campbell, APLC as soon as possible to examine your options. Our attorneys have decades of experience in serving clients as they navigate through challenging financial situations, to include student loan issuesbankruptcy, and other debt management processes. We are here to help! Click here to schedule a free 30-minute consultation, call us at (844) 431-3851, or email us at

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