Collection Harassment, Debt Defense

Sitting in court, I often see people trying to defend themselves against credit card collection lawsuits. They usually tell the judge that they do not have any money to pay on the debt. Their situations are always very sympathetic, but judges have to follow the law. I have yet to see anyone win their case with the “no money” defense.

Any of the following circumstances might be defenses to a credit card lawsuit in North Carolina:

• The lawsuit was filed more than three years after your last payment.
• Someone stole your identity get this account.
• The company suing has mistaken you for someone else with the same or similar name.
• It was your card, but someone else used the card and made the charges in question without your permission.
• You used the card as an “authorized user” of someone else’s credit card, but never agreed to be responsible for payments.
• You have already paid the entire debt.
• The amount the company is asking for is incorrect because you paid part of the debt, or because it is charging the wrong interest rate or fees.
• The company that is suing you is not the original creditor and cannot prove it owns the account.
• You have previously received a bankruptcy discharge for the debt in question.

If you are facing a lawsuit over credit card debt, you should contact an attorney for help determining if these defenses, or other less common defenses, apply to your situation. An attorney can also look into whether you have any counterclaims against the credit card company.

While the “no money” defense won’t win your case for you, if your income is low enough, you may be eligible for free legal help from your local Legal Aid office.