Can a credit card company sue the wrong person?

Can a credit card company sue the wrong person?

Credit card issuers frequently sell outstanding loans to debt collectors, who then initiate a lawsuit. Debt collectors may sue the incorrect individual. You can use the defense of mistaken identification if your name is the same or similar to someone who genuinely owes the debt. However many courts have held that credit card companies are not entitled to summary judgment based on the defense of mistaken identity - they must prove their case at trial by showing that you are actually liable for the debt.

If you believe that you have been sued incorrectly, contact our office to schedule an appointment with an attorney. We may be able to help identify issues with the creditor's proof of claim and/or advise you on how to defend yourself in court.

The information on this website is for general informational purposes only. It should not be used as a substitute for legal advice from a qualified attorney licensed in your state. Any cases described on this site involve unique facts that differ from case to case. Any result that was obtained in one case could vary from case to case depending on various factors. Information contained on this site cannot replace an evaluation by a lawyer of your choice for any specific situation.

Can credit card companies sue you in New York?

Anyone or any corporation can sue you for money that you owe (a debt). The plaintiff is the person or corporation who is suing you. A plaintiff might be a credit card company, a hospital, a bank, or any other person or entity who claims you owe money. You are the defendant; you are the one being sued.

A defendant may file a special appearance to challenge the court's jurisdiction over him. If the court does not dismiss the case against you, then you have the right to file a motion asking the court to change its mind and grant you a trial by jury.

Credit card companies can sue you in New York if you don't pay your bills. When this happens, a civil action is started by the credit card company by filing a complaint with a court. The court will give you notice of the lawsuit and you will be asked to come to court to answer the charges listed in the complaint. If you do not show up for court, a default judgment will be entered against you. This means that the credit card company will be given permission to take possession of all of your property as compensation for their loss and to cover their attorney fees.

In addition to filing complaints with courts, credit card companies can also send you letters requesting payment. If you ignore these letters, more serious actions can be taken.

Can a credit card company sue a delinquent person?

If you fail to make your credit card payments on time, the credit card company or a debt collector employed by the credit card company may sue you to recover the money you owe. You signed an agreement when you first got the credit card, either online or in writing. This contract is called the credit card agreement. The credit card agreement can affect what rights the credit card company has against you if you don't pay your bill in full each month.

The credit card agreement usually contains a clause that allows the credit card company to charge your account if you don't pay your balance in full each month. If you stop making payments, the credit card company must give you notice before it reports your account as delinquent. Failure to report the account as delinquent may prevent the credit card company from suing you for any unpaid balance.

You should check your credit card agreement every time you get a new card to make sure that you understand how their policy on charging delinquent accounts works. For example, some credit card agreements allow the credit card company to charge your account even if you claim you never received the last statement mailed to your address on file with the credit card company. Other credit card agreements require the credit card company to mail you a final statement before they can start charging your account.

About Article Author

Bradley Taylor

Bradley Taylor is a man of many passions, and he has been able to find fulfillment in them all. He loves the security business, and knows how to handle emergencies even before they happen. Information protection and privacy are his specialties, and he's fought hard for these causes over the years.

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