What Are My Rights if I’m Sued for Credit Card Debt?

Getting a court summons can be stressful. But you don’t have to worry, as a lawsuit is a legal challenge, not a final judgment. 

You have specific rights, and the plaintiff must prove its case. Ignoring the lawsuit is the single worst thing you can do. This guide walks you through your legal rights and the immediate steps that can help protect your finances in case you are sued for credit card debt.

Your Legal Rights in a Debt Lawsuit

The law provides specific protections to ensure the debt collection process is fair. You are entitled to be treated fairly.

The federal Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using harassment, threatening language, or misrepresentation of the debt or legal action they can take. They cannot call you at any time of day or threaten to do something that is not possible.

You also have the authority to make them substantiate their case. The collector ultimately must prove the debt by presenting evidence in court that the debt is indeed yours and the amount is correct.

Building Your Defense: Key Strategies

You can challenge liability for a debt on various legal and factual grounds. Here are some examples:

• Expired statute of limitations: The time frame within which creditors may file a lawsuit is