Legal Question in Credit and Debt Law in New Jersey
Being sued by collector for credit card debt...
Attached with the complaint is a copy of the last bill by the cc company along with their terms of agreement in fine print. What is not included is proof of defendant's dated signature agreeing to said terms. Question #1: Can the case be dismissed due to plaintiff's lack of evidence which should include the original signed/dated agreement? #2: Is the defendant's name and address on the copy of the final bill enough for the plaintiff to obtain a judgement? #3: If not, can the defendant countersue the plaintiff for punitive damages due to the suit being a frivolous one? #4: How much would an attorney charge to handle the case? #5: In the event there is a possibility of countersuing for punitive damages (a sheriff served the papers, pounding on door at 6AM as if he were about to bust it down looking for criminals.. unbelievable!), would an attorney be willing to take the case on contingency? Thank you.
3 Answers from Attorneys
Re: Being sued by collector for credit card debt...
(1) No, they can prove it at trial.
(2) Probably, plus whatever they adduce at trial.
(3) It depends if it is a frivolous case. Do you owe the money? Did you have the credit card?
(4) An attorney would charge hourly to defend this case, with a retainer up front.
(5) I can't imagine a single attorney that would be interested in that fee arrangement.
Re: Being sued by collector for credit card debt...
You are being sued for failing to pay a credit card debt. I have read what attorney Dan Cevallos wrote, and I agree with him.
In the last year, I have defended five people who owed credit card debt. I have been able to make deals with the credit card company attorneys which my clients were happy to agree to. I would, like any attorney with a brain, charge you for the number of hours that I spend to assist you, and ask for a deposit up front. The trick is to make a decent deal, without spending too horribly much of your money to do it.
Please do contact me if you want an attorney's assistance.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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Re: Being sued by collector for credit card debt...
I agree with the other two attorneys. You seem to want to try this yourself or get an attorney to take some kind of wierd fee agreement. You have to understand that you are going to pay someone a decent amount of money. There is no way around it.
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