Are you struggling with credit card debt? You are certainly not alone. The Federal Reserve Bank of New York reports that Americans have more than $1.2 trillion in collective credit card debt. If you are (allegedly) significantly behind in credit card debt, you may face collection action and, potentially, a lawsuit from the credit card company or a debt collector. As stressful as it can be, the good news is that you have the right to raise a defense. A Florida debt defense lawyer can help.
Steps to Take if You are Being Sued for Credit Card Debt in Florida
Step One: Do Not Ignore the Lawsuit or Miss the Deadline to Respond
Facing collection action for (alleged) overdue credit card debt can be stressful. A lawsuit is even more difficult to deal with. Ignoring collection letters is generally not a good idea. Ignoring a lawsuit is a big mistake. A lawsuit is fundamentally an allegation. You have the right to respond. Once you are served with a summons and complaint, the clock starts running. In Florida, you generally have 20 calendar days to file a written response. Ignoring the lawsuit almost guarantees a default judgment will be entered against you. A default judgment allows the creditor to pursue wage garnishment, bank account levies, and judgment liens. In other words, if you fail to respond to a lawsuit, you will effectively “lose” the case without ever getting a chance to raise a defense at all.
Step Two: Review the Complaint (Lawsuit) for Legal Defects
The next step is to carefully review the complaint. The best person to review the complaint is a lawyer. The sooner you have a Florida credit card debt defense attorney on your side, the better. Credit card lawsuits often rely on form pleadings with minimal detail. With that in mind, you (and your legal counsel) should review the complaint closely. Many fail to properly allege standing, chain of ownership, or the exact contractual basis for the debt. Debt buyers frequently sue without attaching a signed cardholder agreement or a complete account history. Florida law requires the plaintiff to prove that it owns the debt and has the right to collect it. Even a small error by the creditor and/or debt collector could undermine their ability to sue you. Do not let them get away with trying to push a weak complaint.
Step Three: File a Proper Written Response and/or Motion
Your response must be in writing and filed with the court. Options include an answer, a motion to dismiss, or both. An answer allows you to admit, deny, or state a lack of knowledge as to each allegation. A motion to dismiss challenges legal sufficiency, jurisdiction, or failure to state a claim. Failing to respond correctly can waive defenses. Precision matters. Boilerplate admissions can severely limit your options later. Your response should be drafted by an experienced Florida credit card debt defense attorney. Your lawyer can help you put together the strongest possible response.
Step Four: Assert Any and All Available Affirmative Defenses Under Florida Law
Remember, a credit card debt lawsuit is an allegation. They are alleged to owe a specific amount of money. They do not get to make the final call. Florida recognizes multiple defenses in credit card debt cases. Some of the most common defenses include:
- Lack of standing;
- Expiration of the statute of limitations;
- Improper service;
- Mistaken identity; and
- Failure to prove the amount owed.
Notably, Florida applies a five-year statute of limitations to most credit card debt claims based on written contracts. If the creditor cannot prove the last payment date or contractual terms, the claim may fail. Affirmative defenses must be raised early, or they may be lost. A top-rated Florida credit card defense attorney can help you raise every possible affirmative defense in your case.
Step Five: Demand Proof Through Discovery
You have the right to a comprehensive discovery process if you are being sued for credit card debt in Florida. Discovery is effectively the legal process through which parties exchange relevant information. each other. Once the case proceeds, you have the right to demand evidence. Discovery forces the plaintiff to produce account statements, assignments, payment histories, and witness testimony. Many debt buyers lack admissible documentation. They rely on spreadsheets and affidavits that do not meet evidentiary standards.
Step Six: Evaluate Settlement and Resolution Options Carefully
Not every case should go to trial. As noted previously, you can and should work with a Florida credit card defense lawyer to explore every possible defense that might be an option in your case. With that being said, an aggressive defense strategy against a credit card debt lawsuit is not always the right defense strategy. The specific circumstances always matter. Some cases resolve through negotiated settlement, payment plans, or stipulated dismissals. The strength of your defenses influences leverage. Never assume the amount claimed is correct or non-negotiable. Settlements should be documented in writing and filed when appropriate. If settling the case outside of court is the best option, a Florida credit card debt defense attorney can help you negotiate the terms. You may be able to settle the case for pennies on the dollar and also get some unfavorable information removed from your credit report.
How Our Florida Credit Card Defense Attorney Can Help You Respond
Facing a lawsuit for (alleged) delinquent credit card debt can be stressful, confusing, and intimidating. It is crucial that you know how to protect yourself and your rights. Do not let the credit card company or any debt collector take advantage of you and your family. They are not on your side. Instead, they are focused on getting as much money out of you as possible. At The Dellutri Law Group, PA, we are more than ready to help you respond. Your initial consultation with our Florida credit card debt defense attorney is free, confidential, and without any further obligations.
Contact Our Florida Credit Card Debt Defense Lawyer Today
At The Dellutri Law Group, PA, our Florida credit card defense attorney is a solutions-focused advocate for justice. If you have any questions or concerns about debt defense, we are here to help. Please do not hesitate to contact us today for a fully confidential, no obligation consultation. With law offices in Ft Myers, Naples, Port Charlotte, Tampa, and Orlando, we represent consumers who are being sued for credit card debt throughout the entire region.