How To Manage A Debt Collection Lawsuit

May 14, 2012 · Posted in Education · Comment 

Defaults on credit card accounts are at an all time soaring. A lot of consumers get hold of too many cards and then cannot pay with the amount they owe. If a credit card company files a lawsuit against you after a default, they must provide evidence in certain issues in order to prevail their case.

First of all, they must prove that they are entitled to begin a lawsuit against you. This can be made in several ways. The credit card company must produce some sort of documentation showing that you are of the same mind to establish an account with them. This typically would be by way of a written application that has your signature. If they fail to make such a document, you may have a justification or opposition to their lawsuit.

At present there are so many credit accounts opened over the internet, or via telephone. In those instances, the credit card company should be able to produce an electronic signature page for internet applications, or, they should be able to provide a written documentation that at a minimum summarizes the oral telephone application. If they fail to produce such credentials again, you may have a valid justification or opposition to the lawsuit.

The next thing that the credit company must prove is the terms of the account. This would comprise the terms of payment, the principal charges, the default rate, the interest rate, and the remedies in the event of a default. These terms are typically forwarded to you after you have opened your account, or are included with your written application. Often times, the credit companies are changing the terms of the agreement while your account is active, and they are constrained to send you a copy of the new terms of the agreement. This becomes a crucial factor of a credit collection case. The company must prove which terms apply to which charges on your account. A failure to do so on their part can provide a reasonable defense or objection for you as the customer.

Another thing that the credit card company must prove is that a default occurred, and that they are entitled to charge you. This can often be shown by merely presenting support of a missed payment. If a credit card company cannot provide enough proof of all of the foregoing, then you may have a valid defense to any lawsuit that may be filed against you. Please be sure to discuss with your local attorney regarding the laws of your state, as well as the credit card collection cases.

Want to find out more about debt collection lawsuit, then visit Allan Henry’s site on how to choose the best advice if you are beingBeing Sued by a Credit Card Company.

How To Settle Credit Card Debt

April 30, 2012 · Posted in Education · Comment 

At first, learning how to settle credit card debt can appear daunting. You may not want to pay large monthly sums to a debt settlement firm, and neither would I! In reality all the average person needs to put him or her in a position to receive a great settlement offer is some expert guidance and not an expensive payment plan.

Before I start getting into the ins and outs of debt settlement, I want you to understand that debt settlement is usually not total financial freedom. Debt settlement can lighten the load of debt but sometimes is not the most desirable outcome. One thing that makes debt settlement less desirable is the high likelihood of being forced to pay 1099 imputed income tax. Basically this tax forces you to pay taxes on whatever amount was knocked off your original debt. This can be quite pricey.

If you decide that you want to go down the debt settlement path you need to learn a few more things to know how to settle credit card debt. Arguably the most important thing to understand is what motivates your creditor to offer settlements to other consumers. In most cases the creditor must feel that you are putting up a legitimate fight and know what you are talking about. Once the creditor feels this way they will often offer settlement agreements.

Some consumers try a little bit too hard to make themselves undesirable to collect on and send their creditors cease and desist letters. This is always a mistake. The only choice you then leave your creditor is to sue you. If your creditor feels that their only option for collections is to sue you will have slim chances of receiving a settlement offer.

Are you enjoying learning how to settle credit card debt? I sure hope so because learning how to settle your credit card debt can make a huge difference in your financial situation. But when you are actually offered a settlement, what is a reasonable amount to accept? In my experience you want to aim for at about 20% of your original amount. This may seem impossible but I have seen countless cases that end up with 5% or less of their original amount for a settlement!

I have one last word of advice for you that I gained in my years of teaching people how to settle credit card debt. Once you make yourself a hard enough target for collections, you can often negotiate to have your debt eliminate completely. When I say completely I mean no settlement whatsoever. Why am I telling you this, because I want you to get the best deal possible from your creditors? Don’t settle for anything less than you deserve!

To get the best information available on How To Settle Credit Card Debt, make sure you start Allen Henry’s excellent Free Course on how to settle debts with the perfect Debt Dispute Letter.