- 1). Gather up all records of the disputed amounts or transactions. Include any payments, cancellations, returns or other credits which should be on the account. Many times information is either misplaced or not properly recorded by the credit card companies. Having your own records to dispute any charges or claims will help offset their records. Get a printout of your financial statements which will show payments or other transactions that you may need.
- 2). Find out what the statute of limitation is in your state. Contact the court where the lawsuit is filed or the superior court for your jurisdiction to find this information. Determine if the credit card company has filed in time; this is usually four to six years after the last recorded payment on a debt. If the deadline has passed, you can argue that any lawsuit or collection is now invalid.
- 3). Ask for verification of the amount in dispute. Federal law requires your debt to be verified by any credit card company or debt collector if you ask. Ask to have this information mailed to you. Make copies of this information when you get it so you have it for yourself and your lawyer.
- 4). Write your denial of the claim on paper. Sign the letter and submit this to the court. Watch the time limitation for this claim, as these are different for each state. The credit card company can claim you did not deny the debt if you do not submit the denial within the time limit allowed. Point out in your response any incorrect allegations, incorrect amounts, missing payments or the fact that the issue was brought to court past the deadline for your state. If you paid the debt, you should state this as well. Have the letter notarized.
- 5). Request copies of all evidence and a list of any witnesses the credit card company has to present to the court. Ask for all proof that you owe the debt claimed by the credit card company. This is a legal responsibility that the credit card company must follow if you request it through the court.
- 6). Review all of the records and documentation provided by your credit card company. Check the math and payment records. Make sure the amount being sued for is the correct amount. This is in your favor if it is inaccurate. Compare the credit card records with your bank statements and receipts for payment. Look for inconsistencies which you can point out to the court. If no actual records are provided, or only an affidavit is used, this should also be brought to the judge's attention during the court day, as this can prove the credit card company does not have sufficient proof of the debt.
- 7). Make notes of any information that does not match up with your receipts or bank records. Organize your notes and records in a way which will make sense. It is up to the credit card company to prove you owe the debt.
- 8). Show up at the court on the trial date. If you fail to appear, the credit card company wins the lawsuit by default because you are not there to dispute the claim. Follow along with the proceedings and present your facts when given the opportunity. Request a dismissal of the case if any of the following occur: lack of evidence of the debt, lack of witnesses, seeking the incorrect amount, failing to file within the statute of limitations or not having their lawyer present. These are all grounds for dismissal, which means you win the claim by default.
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