Court Cases against Debt Collectors

 

If the credit card debt collection company begins court proceedings, there will be a pre-trial held at a courthouse in an attempt to reach an agreement between both parties with a court appointed mediator present. If neither party agrees, a court trial date is scheduled.

 

In the case were lack of proof exists, while meeting with the debt collection lawyer ask for any information that provides proof of the accusations. If the debt collection lawyer does not provide proof then request a trial date to be set. If for any reason the debt and/or contract do not seem legal, request a court trial date.

 

While waiting for the court date the debt collection company will provide, and request, a disclosure of all evidence used in the case. The request must be easy to understand. Never let a company create confusion by using non-common legal jargon. Any request that is not easily understood reply with a statement that explains lack of understanding and a request that the debt collection company sends information and requests that are easy to understand. Never pay a debt because the paperwork is too difficult to understand.

 

Prior to the court case, write a letter to the judge and deliver it to the clerk of court. Keep a copy and have the clerk stamp the date and time on the copy. Within the letter, briefly inform the judge of what has happened and why the case is going to trial. In the case of lack of proof, tell the judge that you requested proof, but the debt collection company refuses to provide legal proof of any kind. Tell the judge of any details that you will address in the courtroom. Mail the same letter to the debt collection company with the date and time you sent the letter to the judge.   

 

Copyright © 2016 John Mallozzi