Friday, October 8, 2010

Things that work, and things that don't work in court for a credit card collection case.

     Ok, now I am going to say this loud and clear before you get all squirrely on me, I have no frigging idea what the facts of your case are, so everything in this post may or may not apply to you.  Talk to a Georgia Defense Attorney before filing ANY court paperwork, and if you are going to appear in court GET A LAWYER.

What are some legal defenses in a credit card collection case?
(based on the merits of the case)
1)  I did not use the card.
2)  I do not owe the money.
3)  I do not owe the amount that the credit card company says I owe.
4)  The third party collection agency has not properly been assigned this debt.

What are some procedural legal defenses in a credit card case?
1)  I was not properly served.
2)  The case was not filed in the right county.
3)  The case was filed too late.

What are things people usually put in their court filings
that have NO LEGAL EFFECT and are NOT valid defenses?
1)  I'm broke and can't pay my bills.
2)  I just got fired and can't pay my bills.
3)  I just got divorced and my wife took everything, and I can't pay my bills.
4)  I just got divorced and my wife took everything, I just got fired, I'm broke, I have cancer, and I can't pay my bills. 
     (I hope you get the picture that any reason which is just an "I can't pay my bills" is ineffective, no matter how elaborate or heartbreaking.  Go listen to some country music and grab a cold one.)
5) I'm really, really sorry, and will the court please have mercy on me.
     (Mercy will come in the form of a judgment against you.)

What do people THINK are legal defenses in a Georgia state court,
but ARE NOT EFFECTIVE defenses?
1)  The credit card company refuses to send me an original signed contract.
(yes you have the right to proof of the debt, but using the card establishes a valid debt, not a signed contract with the debtor.  Nice try, but no good.)
2)  I am my own sovereign nation and reject the government's power to enforce debts I have entered.
(Go watch the Family Guy episode "E. Peterbus Unum" again, and be glad no one is taking you seriously.)
3)  The mean credit card company won't agree to let me pay the 5,000 dollars I owe at the rate of 5 bucks a month.
(There is no obligation for the card company to accept your lousy offer.  Go cancel your cable subscription and pay the 100 bucks a month to your existing bills instead of making new ones.)
4)  I think that the collection agency is violating federal law.
(This is not relevant in state court.  Georgia courts enforce Georgia state law.)

Other stupid things people do that are not effective in court filings:
1)  Failing to answer the initial complaint. 
     ANY response, whatsoever, even a pleading that only has the case information, one complete sentence stating anything whatsoever, and your printed name and signature will be considered an answer to the complaint.  YOU NEED TO FILE ONE OF THESE within 30 days or you automatically lose the case.  (hopefully one with an actual legal defense, and not one as described in this paragraph)
2)  Failing to state a legal defense in your answer.
     The judge, and everyone who reads your truly tragic story of personal loss may in fact get all teary eyed when they reach chapter three where your dog is run over by the ambulance, but if you do not dispute something that has legal significance, you might as well have said "I can't pay the bill" and saved everyone the scrutinizing of your novel for a hidden actual defense.
3)  Failing to respond to discovery.
     One of the sneaky little facts of civil litigation is that if you do not respond to a party-opponent's request(s) for admissions, those requests are considered to have been admitted as true, and are evidence that the court can use in issuing a summary judgment.
4)  Failing to present evidentiary support in response to a motion for summary judgment.
     Once again, get a Georgia Defense Attorney!  Do you know the rules of evidence?  All of them?  Or do you think that shouting "hearsay!" in a courtroom is all you have to do based on your experience watching Boston Legal?  You cannot rely solely on pleadings in a summary judgment motion.  (And even if you went to law school, you may not know what I mean by that.)
5)  Believing that you have a right to a hearing because you asked for one in your answer.
     Yeah, you filed a request for a jury trial in your answer to the lawsuit.  So what.  You probably have your own wacky theories on all of the Amendments.  The fact of the matter is that if you get caught by one of the extremely basic procedural mechanisms before you get to the trial stage, the court can and will enter judgment against you.  How many times do I need to tell you to go get a Georgia Defense Lawyer?? 

     But you're all smart and stuff.  You solved the rubik's cube without cheating, and you scored over 150 on your internet IQ test.  Fight the lawsuit without professional guidance.  After you are done with that, you can perform an emergency appendectomy on yourself.

1 comment:

  1. Are you a lawyer? I started following your blog and find it pretty cool. Keep the posts coming.

    ReplyDelete