Fighting a credit card lawsuit takes time and patience.

You will start off with Answering Your Summons and listing your Affirmative Defenses plus sending off your Discovery if your court allows the Discovery to be sent off with your Answer.

When sending Discovery to the Plaintiff ALWAYS make sure that you send this Certified Mail with Signature Required because these guys love to say “I didn’t get it”. That way you will have your proof when they do not answer your Discovery in Time.

Always make sure that you make copies of every single paper you are filing with the court and send it to the Plaintiff and make sure that you have a Certificate of Service attached with each document that you file with your court.

If you have denied all of the counts on your Complaint the Plaintiff cannot file a Default Judgment.  The Plaintiff being a Collection Agency or Junk Debt Buyer will most likely just dismiss the complaint or send you Discovery.

Some states give you a Hearing Date listed on your summons and some do not. Always check your Summons as it contains very important information telling you what you need to do.

You may be told you have 20 days to answer or 30 days to answer.  Always make sure that you answer your summons within that time allowed.

Check your Local Court Rules to see what is suppose to be attached to the Complaint if you are being sued under an Account Stated theory or Breach of Contract.  If the Plaintiff failed to attach what they were suppose to, see if your court allows a Motion to Dismiss in Lieu of an Answer for failure to comply with your Court Rule (whatever that court rule may be)

Some courts allow you to file a Motion to Dismiss the Complaint before you Answer your Summons if the Plaintiff failed to comply with a Court Rule. However, other courts do not and you must answer your summons within the time given by your court or risk the Plaintiff filing a Default Judgment.

If your court allows a Motion to Dismiss in Lieu of an answer the judge will either deny or grant the Motion. If it gets granted it will most likely be without prejudice, meaning they can motion the court to comply with the court rule and ask for a certain amount of days to do so. Once that is granted (and it will be granted) the Plaintiff must comply within the days ordered by the court. If they fail check and see if you can then file a Motion to Dismiss with prejudice or simply enjoy your win!

It all sounds so complicated right now, but it really isn’t. I beat many Junk Debt Buyers and Capital One for not having the documents needed to prevail in their lawsuits all Pro se.

Check out how I beat all these Junk Debt Buyers and Capital one which includes Answering the Summons, Affirmative Defenses, Discovery, Motion to Strike Affidavit and MORE!
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