How to Deal with Credit Card Judgement?

Credit cards are a very popular monetary tool in the current times. Credit cards have increased accessibility in transaction services without having to carry too much liquid cash. Every banking service now offers credit card and these credit cards also have different kinds. However, it is true that credit cards have enhanced the public’s access to transaction services, it sometimes leads to uncontrolled transactions and that in case of some people lead to credit card default due to inability to pay off the credit. So if you are a credit card defaulter, the credit company can issue a legal notice against you. If the credit company gets judgement in its favour then it can use any type of collection method to get the money from you.

Judgement in favour of the credit company by the court of law gives the creditor all the rights to use additional collection methods to collect the debt from the debtor. If the credit company issues a lawsuit, then the creditor’s lawyer files a complaint and delivers it to the debtor. This is called a “perfecting service” and if you are a debtor then the creditor’s attorney will make sure that you get the lawsuit notice. There are several ways in which the credit company can get a credit card judgement. If the credit company issues a legal notice against you, then it can eventually proceed to a trial. In that case it is the credit company’s responsibility to collect evidence to prove that you own the money to the credit company. If it can show enough evidence to the court then it will get a judgement in its favour to collect the debt from you, unless you have proven that you do not owe them any money.

There is also a method called summary judgement whereby the credit company can get a judgement without going for a trial. In this case the credit company files a summary judgement and tries to convince the court that no facts in the case are in any dispute. That if, if you are a debtor, then it means that the credit company has to show that you had signed an agreement, made no payments and you could not give any defence on behalf of your inability to pay. The credit company also needs to convince the court that it is a matter entitled by law. If the judge agrees with the credit company, then it gets a judgement in its favour without going for any trial. However, the creditor cannot win if you can show that there are disputes in facts like for example, you have not signed an agreement.

 A credit company can also get a credit card judgement as a default judgement. If you are a defaulter and the credit company has filed a legal complaint against you, then it becomes mandatory that you respond to that lawsuit within the allotted time. If you do not file a response to the complaint then you will lose the right to challenge the lawsuit filed by the credit company. In that case if the creditor can show sufficient evidence in court that you are a defaulter, then the creditor gets a default judgement in its favour. You can consult with a lawyer who is specialised with credit card issues.