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Defending Litigation

Defending Litigation

Many credit card companies hire attorneys to sue you to collect money, they say you owe. US Legal has forms and letters you can purchase to use to fight back. However, before you begin, make sure you have the time to defend yourself as “Pro Se” against the company suing you, because it will take a lot of hard work. As “Pro Se” you appear in court representing yourself as either plaintiff or defendant. You as “Pro Se” must “Answer” “the complaint” give an “Affirmative Defense” and can counter sue them too. Is this easy? NO. However, it can be done & you can win. I did & so can you, but it takes a lot of time. If the other attorney does a “Discovery” on you—-you must fill in and answer “Motions”, counter-suits, & more with correct forms.

In order to win a case, you must have a “Cause of Action”. With credit cards, you can win against the creditor. HOWEVER, if you make a lot charges on a credit card, then expect not to pay for it, forget it, you will lose. On the other hand, if you have written letters to the creditor(s), backed up with facts, you may have a case. NO CASE IS A 100% EASY WIN, but you can win.

If you want to take on your case as “Pro Se” and you are not an attorney. Go to the local court house library and find out what forms are required. Check what your local court rules are, your State Statutes, and local forms used for court. Every State is different; you might look for an attorney who deals with consumer law. My problem was I could not find an attorney to take my case, so I did it myself. Out of 6 cases, I won 5 & one was settled for half the disputed amount as a debt settlement. Was it easy…NO WAY! Each third party collector or creditor was represented by an attorney. Yet, when you get sued for almost $11,000 from one credit card and the attorneys say you charged it, and you didn’t, you have to decide to either pay it + court cost & attorney fees or fight back. However, sorry to say, most people give in because they do not know what to do to fight it. Neither did I. However, I fought back & won!

There are some letters that can be sent to offer 40% to 60% off because the main charges on the account were made by the creditor with high interest and by adding over limit & late fees. In many cases, the creditor will offer you another percentage offer & you make another offer. It is detailed & time consuming, but at the end you can come out ahead as the consumer and the creditor get a percentage of the amount but not the total they were going after. If they refuse the reasonable offer, you will have proof you tried to work it out & they refused, which can be proven in court.

There are products you can purchase to help you ranging between $250 up to $1,000, which can help you as “Pro Se”. The $1,000 product may also include 2 products for legal help, $200 for attorney fees, to look at your case, or if you don’t have the time, go to “Ask a Question” and get some answers from readers or “Ask an Attorney”. The other option is to take your information to an attorney to look at. Many give free consultations. However, if they don’t, expect to pay from $100 to $200 per hour for an attorney consultation. Then it is up to you. Whatever your decision, USLegal.com is ready to help. If your desire is to defend yourself “Pro Se”, we have letter templates available to assist in the pursuit of your defense. If you need legal advice, return to the USLegal.com homepage for a link to “Ask an Attorney”.

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