Credit card lawyers can help if you’re struggling with credit card debt

Legal troubles are scary, but you can get through them. You’re far from the first person who has ever found themselves in a big financial mess. You don’t have to figure out the answers on your own. In fact, once lawsuits are filed, it’s smart to get help from someone who understands what’s going on. If you haven't been able to resolve your debts and are being sued, you might need help from a credit card lawyer.

The information provided in this article is intended for general informational purposes only and should not be taken as legal advice. For personalized legal advice, consult with a qualified attorney licensed to practice law in your state.

When to consider hiring a credit card debt attorney

Credit card companies can sue you for unpaid debt, and lawsuits are serious. If the plaintiff (the company suing you) wins in court, they might also win the right to garnish your wages. That means your employer would be forced to send part of your paychecks to the company you owe. A company that wins a judgment against you might also go after your bank accounts, homes, cars, or other property.

If you don't appear in court or hire a lawyer to appear for you, the judge will probably enter a default judgment. That means an automatic win for the plaintiff and an automatic loss for you. 

Failing to appear to defend yourself is the worst thing you can do.

You might think it doesn't matter because you'll lose in court anyway. But there are many defenses to creditor lawsuits and many ways to work things out with a creditor. Don’t consider your situation a lost cause yet. A credit card lawyer could work through the options with you.

Why use a credit card lawyer if you get sued

A credit card debt attorney could help decide which defense is best in your case and could argue it in court for you. Here are some defenses that a law firm may use against your lenders:

The statute of limitations has expired

State laws limit the time a creditor or debt collector can sue you for an unpaid debt. This is called the statute of limitations. This time limit varies by state, but for credit card debt, it usually ranges from three to six years.

Your defense could be that the timeline has passed, and an attorney could help get the case dismissed.

They've sued the wrong person

Sometimes debt collectors sue the wrong person. They may have misidentified you, or they may be pursuing you without caring about whether it’s really your debt. Either way, you must still respond to the lawsuit.

A lawyer could help you fight off a debt that isn't yours if the collector is being very aggressive. And a lawyer could help you sue the collector if they’ve broken the law by coming after you.

Plaintiff can't prove it owns the debt

When the plaintiff isn't the original creditor, it must provide documents proving that it has the right to collect from you. Debt collectors or debt buyers fall into this category.

If the plaintiff can't supply these documents, you may be able to fight the lawsuit by claiming "lack of standing." Lack of standing means the party suing you doesn't have the right to collect the debt.

The first step in finding out if the plaintiff has the right to sue you is to send a debt validation letter. If you do this and the plaintiff can’t prove it owns the debt, a credit card lawyer could help you fight them.

You don't understand the suit

Lawyers often offer free consultations. A quick chat might help you understand what the lawsuit is about and what could happen if you lose the suit. A credit card debt attorney could explain the consequences of not filing a defense and could help you present evidence.

You want to negotiate the debt

A lawyer may help you negotiate with your credit card company to make the lawsuit go away. Sometimes, debt resolution could help you get creditors to agree to letting you make a series of payments or pay a lump sum that's less than what you owe.

Understanding the role of a credit card lawyer

Credit card lawyers have experience and training in dealing with creditors and debt collectors. They understand the laws that bill collectors and creditors must follow, and they could make sure your rights are respected. They could also help you sue creditors that violate the law.

A credit card debt attorney could help you if you receive a court summons. They evaluate your situation and determine your best options. They handle the paperwork for your case and may present your defense to a judge.

Credit card lawyers may also be able to help you file for Chapter 7 or Chapter 13 bankruptcy if necessary. 

Is there a difference between a credit card lawyer and a credit card debt attorney?

Short answer: There’s no difference. A legal professional may call themselves a credit card lawyer or a credit card debt attorney, but both mean the same thing. These attorneys help people who are being sued for unpaid credit card bills. 

Credit card lawyers may also go by these titles:

• Debt relief attorney

• Credit card debt relief lawyer

• Debt defense attorney

Some credit card debt attorneys also help with other issues related to unpaid debt. For example, if a debt collector is harassing you, you may be able to sue them under the Fair Debt Collection Practices Act (FDCPA). A credit card lawyer could look at your evidence to decide if you have a case, and if so, help you file a suit in civil court. 

A wage garnishment lawyer might be able to help if you've already been through a credit card debt lawsuit and the creditor is trying to or has begun to garnish your wages or has levied your bank account. Garnishments allow creditors to take money out of your paychecks; a bank levy allows them to take money from your checking or savings accounts. 

A court order is required for either one, but most states allow wage garnishments for credit card debt. All states allow bank account levies. If you face garnishment or a levy, you may want to chat with a credit card debt attorney about your options. 

The process of working with a credit card lawyer

You'll typically begin with a free consultation—generally 30 to 60 minutes. A debt attorney helps you understand why you're being sued and will go over your options.

The solution may be as simple as correcting the information in your file. It may be a case of mistaken identity. The creditor or bill collector may have the wrong phone number, bank account, last name, first name, or other identifying information. Or you may need a strong defense because a collector is illegally harassing you.

If the lawsuit is legitimate, a lawyer could go through your possible defenses. They could file a response for you with the court. Outside the court, they may help you reach a settlement or an affordable payment plan with your creditor. 

Finally, the attorney will go over the cost of handling your lawsuit. That way, you could decide if the cost of professional help is acceptable for the situation or if you'll be okay going it alone.

How to choose the right credit card lawyer

There are many ways to choose the best credit card lawyer for your case, but you may want to start by using a referral service.

There may be a lawyer referral service in your area, or you may want to contact an attorney with experience in the Fair Debt Collection Practices Act. Your state bar association or the American Bar Association could also help. Low-income defendants may be eligible for legal aid in their state.

You may want to contact an attorney who you know or have worked with before or ask friends if they know any consumer law attorneys. A bankruptcy lawyer could also be helpful.

Ask any attorneys that you're considering hiring if they've handled cases like yours before. You'll also want to know their up-front fee (retainer) and if you'll have to pay even if you lose your case in court.

Bring copies of records about your debt to your first meeting with a lawyer. Don't give them your original records.

Alternatives to hiring a credit card debt attorney

Hiring a lawyer could be expensive. Here are some alternatives:

Seek low-cost or free help from a legal aid program or clinic for low-income people. One place to start is at the Legal Services Corp. Your local courts, libraries, and community centers may also be able to help you find assistance. 

Book an hour or so with a credit card lawyer for their advice on how to proceed.

In small claims court, where you're likely to go if you don't owe much money, it's common for defendants to represent themselves. Oftentimes, an attorney isn't allowed to represent you in small claims court.

Check into professional services that help you resolve your debt without charging upfront fees. You only pay if they reach a settlement agreement that you agree to.

Contact the lender yourself about setting up a payment plan. Credit card debt forgiveness is possible, but it’s usually easier to negotiate before a lawsuit is filed.

If you’re enrolled in a debt resolution program and a creditor sues you, you might already have access to the right help. If a creditor sues you while you’re in a debt resolution program, a reputable company may be able to provide or refer you to legal support so that attorneys could negotiate the debt for you.