Out of Control Credit Card Debt

Hundreds of Schuylkill County residents and countless other individuals throughout the rest of Eastern and Central Pennsylvania find themselves being sued annually by credit card and debt collection companies.  Unfortunately, many of these individuals do not consult with a lawyer during this process, and eventually have one or more judgments entered against them.

The proper way to respond to litigation brought by a credit card company or another debt collector is to address the matter based on the individual facts and circumstances of the case.  At times, filing for bankruptcy may be an appropriate means to resolve the matter.  However, in other circumstances, negotiating a reduced amount of the debt, establishing a payment plan or defending against the lawsuit can sometimes be better courses of action.

Frequently, by the time a lawsuit is filed against an individual for credit card debt, that debt has been bought and sold several times.  Credit card companies, realizing that collecting upon such a debt will be difficult, oftentimes sell debt to other businesses.  Selling of debt allows the credit card company to obtain money, in exchange for the purchaser then has the right to collect upon the debt.  In most circumstances, when debts are bought and sold, they are done in large batches, bundled together with hundreds or perhaps thousands of other debts.  Oftentimes, after unsuccessfully attempting to collect upon the debt, the debts are then resold again, perhaps in different packages.  This process can repeat itself multiple times.  During these transactions, the records proving the existence of the debt are oftentimes lost or incomplete.

In defending against such lawsuits, we have been successful at forcing the creditor to provide proof as to the legitimacy of the debt, as well as to establish that it is the rightful owner of the debt, and to prove that it is legally entitled to collect upon the debt.  Naturally, each case is different, and you should consult with an experienced lawyer to learn about your rights as well as the various options available to you in managing such debt.

Contact Williamson Friedberg & Jones

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