What should you do if you are being sued by a credit card company?

You need to talk with an attorney immediately. If you cannot afford an attorney, there are groups who will represent you at no or little cost. Check your local telephone book under "low-income legal services." A most important consideration at this stage is DO NOT IGNORE THE TIME PERIOD stated in the Summons. If you know you are being sued then you must have received a copy of the Summons and Complaint. The Summons will tell you that you have a certain amount of time to file an Answer to the complaint. If you do not file that Answer, either on your own or through an attorney, the court may assume that you admit that you owe the money the credit card company says you owe and allow the credit card company to get a judgment against you. Be warned that even if you feel you do not owe this debt, you must not ignore the summons or the court will accept a written affidavit from the company saying you do owe the money and give it a default judgment against you. Then it can proceed wage garnishments or other collection methods. I have personally seen too many people ask how can a credit card company get a judgment against me if I don't owe the money. They can if you do not tell the court in an Answer the reasons why you feel you don't owe the money. If a creditor gets a default judgment against you it might be possible to have the court set it aside, let you deny the claim and proceed with the case. Also, don't simply assume that the amount the creditor claims is due is really due. Creditcard companies routinely claim more money than is actually owed by saying that debtors have run up interest and penalty charges when those charges may very well be illegal or not payable under the credit agreement. Also, sometimes the credit card company lawyers claim that you owe attorney's fees too and they demand a specific amount for those fees which is added to the amount of the basic debt. Many times these fees are overstated, but if you do not answer the complaint a court might simply rubber stamp the request. Here is an example: I represented a person who had a default judgment entered against him because he did not answer the complaint. The claim by the company included the amount of the debt, plus interest from his last payment to the date of the filing of the complaint plus attorneys' fees. The client did not answer the complaint because he assumed that the amounts calculated in the complaint had to be right. But he was wrong. The amount of interest and attorneys' fees had been overstated in the complaint. The credit card company could not prove to this court's satisfaction that their amounts were correct. He was lucky that this court required specific proofs of the amount owed. Not every court will be so vigilant. But he still had one big problem. His credit record now showed he had had a judgment entered against him. Plus, even though the judgment was about $3000.00 less than the complaint said he owed, he had to pay over $600.00 in extra fees because the default judgment had been sent to a court officer to begin the process of wage garnishment. So do not let them get a default judgment against you because it might be for more than you really owe and even if it is not, you may incur unnecessary costs if you allow the process to move along without objection.