After a long period of ignoring debt collection calls and demand letters from persistent agents, creditors may sue you for an outstanding debt. A court summons is one notice that you should not ignore. Failure to respond to a court order can result in harsher penalties than simply paying off a debt. You should immediately get in contact with an experienced Illinois credit card debt attorney who can make you aware of your response options.
Lack of Standing
A business or an individual must have legal standing to file a lawsuit. “Standing” references a company’s ability to legally pursue a lawsuit. “Lack of standing” is a major credit card lawsuit defense as many third-party collection departments purchase outstanding debts from creditors without specific debtor information.
Many creditors sell debts after a period of unsuccessful collection attempts. It isn’t uncommon for a debt that is several years overdue to sell multiple times to various debt collectors. Pertinent documents can get lost through multiple transfers, therefore disqualifying a particular company or agency from filing a lawsuit.
Failure to State a Claim of Which Relief can be Granted
“Failure to state a claim of which relief can be granted” is a legal term that is equally common in credit card lawsuit defenses as it is wordy. There must be a triable issue that a judge can rule on so that a debt collector can win a lawsuit. With no point or matter of fact to refute, the judge cannot decide. This is a highly effective defense as many debt collectors often pursue the wrong individual for a particular debt.
Statute of Limitations
A statute of limitations is a period of time in which an individual or entity may file a lawsuit for a specific issue. The statute of limitations for debt collection in Illinois can range from five to ten years depending on the type of agreement and action or inaction of a debtor. A debt collector cannot pursue legal action on a debt with an expired statute of limitations, thus leading to the dismissal of any credit card lawsuit where that is relevant.
Be sure to have an attorney who can efficiently defend your rights in a credit card lawsuit. Attorney Heather Benveniste with Benveniste Law Offices is that attorney. She can put her extensive litigation experience to use to defend you against a creditor or debt collection agency for the most favorable results possible. Contact us at 1-800-497-5358 for a free consultation and get on the path to a debt-free life.