What should you do if you were a victim of credit card fraud and you are now being sued by the credit card company?

Answer 1

hire a lawyer. I had charges thru my checking account where someone used my debit card. I contacted the bank & they resolved it for me. And I did get my money back. Good Luck! The credit card shouldn't be suing you unless the problem has been let go a long time. The first thing you should have done was dispute the charge with the credit card company. Then you should have filed a police report either in the jurisdiction where the card was used or in your own jurisdiction, given your state's identity theft laws. You should forward that police report to your credit card company/bank and to the company with whom the purchase was made. You should also file a complaint with the Federal Trade Commision at 877-ID THEFT or with the FBI at the internet Fraud Complaint Center at www.ifccfbi.gov. At this late date, though, you should probably consult an attorney.

Answer 2

The basics are, the debtor will be served with a summons to appear in the civil court in which the suit is being heard, the summons may include the right to respond. The debtor is not required to make an appearance in such cases, but non appearance will generally result in a default judgment being entered in favor of the plaintiff/creditor. If the creditor wins a judgment it can be executed in whatever manner is allowed under the laws of the debtor's state. Some methods are, wage garnishment or the levy of a bank account or seizure and sale of nonexempted property belonging to the debtor or a lien against real property owned by the debtor. All states allow specific exemptions of a debtor's real and personal property from judgment enforcement. These exemptions are usually the same as those allowed in BK and in some cases federal non bankruptcy exemptions can also be used.

Answer 3

Generally the debtor will receive a summons from the civil court in the county in which he or she resides naming the creditor as the plaintiff and the debtor as the defendant. In some states the debtor defendant is given the opportunity to answer the suit as to whether the debt is valid or not, ask for a continuance due to illness, etc. and so forth. When a person is sued for debt he or she is not legally required to appear at the time and date noted in the summons. However failure to do so will usually result in the plaintiff being awarded a default judgment which can then be executed against real or personal property belonging to the debtor.

Answer 4

Do not ignore the summons. First thing relax, your not going to jail. But It will not go away.

A. Answer the summons to appear. This is where 90% of credit card law suits are won, through default judgment. That means you do nothing and the credit card attorney wins.

Get fill in the blank word documents to help here:

https://www.e-junkie.com/ecom/gb.php?ii=140364&c=ib&aff=39562&ev=7771828582

You only have twenty to thirty days to respond depending on where you reside.

Make them produce proof that this is your debt.

There is lots of other information at the website

Answer 5

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.

Answer 6

There are a lot of things that would need to be known to answer your question.

Examples,How old is this debt,when last paid on,dont pay anything or agree until you know you rights,make no agreement.

What is the stature of limitation? .Florida is 5 years and NY is 6 years the debt is no longer collectiable. on writen agreements Here is where you may need a lawyer. Each state has their own guidelines.

There is a wealth of info. on the internet about debt collection and you do have rights and options

Answer 7

Speaking as someone with credit card debt and health and liquidity issues this is what I have learned: Avoid Service - they can't sue if they can't serve. Look up proper service on the web and know what it is in your state. Try to negotiate - but be careful, don't pay anything if the debt is beyond the statute of limitations. Negotiation usually only works early on and with the issuer of the debt. Know the Statute of Limitations - it is different in every state but there are law firms that make a killing buying uncollectable credit card debt and taking ignorant folks to court. Educate yourself by checking info on the web but don't buy into "credit counseling" unless the debt is recent and something you can handle. "Credit Repair" seems to be another term for "Rip-Off".

Answer 8

The next step would be to review your personal security arrangements. Including, but not limited to:

• Ensure all software on your phone/computer/tablet/etc is up to date and secured
• Make sure the wifi/networks you access are secure
• Change your passwords and Personal Identification Numbers (PIN)
• Make sure anything you throw away that has your personal information on (i.e. addressed envelopes) is securely disposed of (shredded/burnt/etc) instead of just thrown in the bin

Of course, these won't be worth anything if the fraud was down to a data leak or hack outside of your control, but it's still good practice to be as proactive as you can.

Answer 9

Tell your bank and the police.