Articles on Legal Information for Credit and Debt Issues
In this ever increasing litigious society, one day you may find yourself on the receiving end of a lawsuit. Or, you may want to sue a collection agency for harassment. The majority of us don't have a "lawyer on staff" or know the first thing about what do if you are sued or how to go about suing someone else. Have no fear — we have all the basic information you will need to navigate your way through litigation. We can't stress enough, we are not lawyers and any and all information on our site is for information purposes only. If you have any questions regarding litigation, it is best to seek the advice of a licensed attorney in your state.
Handling a Lawsuit Filed Against You by a Debt Collector
Sued by a Debt Collector? — If you have been served with a lawsuit, this article takes you step by step on how to answer a Summons and Complaint.
Process Service Requirements by State — Service of process is a privilege set forth by our Constitution. If you have been served a lawsuit, here is a state-by-state listing of the requirements of proper service to make sure you were properly served.
Build a Legal Tool Kit — Here is a list of supplies you will need to organize and handle your own litigation.
How a Lawsuit Works — This article has an excellent overview of the litigation process and the basic concepts of a civil lawsuit. There is also an easy to follow flow chart diagram showing the steps you would go through during a lawsuit.
Affirmative Defenses in Your Answer — When you are answering the allegations in a complaint against you, make sure to include affirmative defenses as part of your filing. These are very useful in possibly getting the case dismissed in court.
File a Motion to Strike — Part of fighting the lawsuit filed against you, is learning how to file a Motion to Strike the Plaintiff's Affidavit of Debt. This tool can be the difference between winning and losing your case in court.
Account Stated vs Written Contract Defenses — This article explains the two different ways you can enter into an agreement with a credit card company and how these will come into play during litigation.
What is Pretrial Discovery? — In the early stages of a lawsuit, the disclosure of evidence is known as pretrial discovery. See the different types of discovery that are used in litigation proceedings.
Bill of Particulars — Learn how to use a bill of particulars to your advantage when dealing with the Plaintiff in a civil lawsuit.
What to Say to a Judge in Court — Now that you are going to have your day in court, what you say and how you act can be the difference in winning or losing. Read our pointers on what to say in court.
Pretrial Conference — This type of conference is held before your case actually goes to trial. Should you settle your case then, or wait and go to trial?
Damages Awarded in Lawsuits — When you win your lawsuit, you are entitled to an award which is to compensate you for your loss. Learn about the different types of awards.
How to File a Lawsuit in Small Claims Court — If you are thinking of filing a lawsuit in small claims court, we have some general guidelines and procedures to help you get started down the right road.
Can You Sue a Creditor if They Damage Your Credit Rating? — You may be able to sue a creditor if they knowingly damage your credit history. We have some tips on how to file a lawsuit against a creditor for damaging your credit.
Credit Card Arbitration — Most contractual disagreements between consumers and credit card companies are resolved through arbitration. Learn what the steps are to handling you own arbitration.
Mandatory Arbitration or Court Trial — Read what the differences are between these two types of litigation hearings.
Fair Debt Collection Practices Act — Fair Credit Reporting Act — Statute of Limitations
Fair Debt Collection Practices Act (FDCPA) — This act protects you from debt collectors.
Fair Credit Reporting Act (FCRA) — This act governs creditors and protects you from illegal activity.
Fair and Accurate Credit Transactions Act — This was a major change to the original FCRA.
Notice of Negative Information — This is a part of the FCRA, see how it helps consumers.
Statute of Limitations on Debt — Here is a state-by-state listing of the statute of limitations on debt.
Vacating a Judgment — Learn how to vacate a judgment and help your credit.
Lawsuit Against Credit Bureau or Collection Agency
Consumer Credit Attorney, State Specific Requirements and Case Law References
|Questions to Ask a Bankruptcy Attorney||List of Consumer Credit Attorneys|
|Licensing Requirements for Collection Agencies||Automobile Repossession Laws by State|
|Sources to Specific Court Rulings||Small Claims Courts Listed by State|