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Chapter 3: The Credit Card Debt Industry

Credit Card Debt and Your Local Court

It is important to point out that in all likelihood your credit card debt matters will not get this far, if you deny, dispute, validate and document.

Credit card debt collection activity usually takes place in a state municipal court.  In order to win a suit against you, a plaintiff must file that civil action in the local court that has jurisdiction over the area where you reside. Debt collection attorneys cannot win long distance cases against alleged debtors.  Even arbitration must be handled locally.

State civil court actions are governed by each state’s Rules of Civil Procedure RCP).  These rules govern aspects of civil court proceedings; summonses, documentation, affidavits, motions, judgments, etc.  If you are worried your debt matter may end up in court, you should get a copy of your local rules and familiarize yourself with them.  They are not that intimidating.

If you are a participant in a civil debt action, you may never actually go to court, unless you request a court hearing.  Everything could be handled by mail between the litigants and the judge or magistrate.

Summons Service – you should familiarize yourself with what the legal requirements are for a debt collection attorney to serve you with a civil action in your state.  These vary from state to state and can include first class mail, personal service by a server, or just a notice in the local paper. If your creditors do not have your correct address, they will gladly serve you at the wrong address in the hopes that you will default not having any knowledge of their suit. You will need to access your Rules of Civil Procedure to learn how much time you have to respond.

Default Judgments – Most default judgments occur because debtor defendants do not receive the summons, do not respond to it, or they do not respond within the time frame (typically 20 days) required by the local court.

Documentation – Court is where carefully maintaining documents-statements, contracts, agreements, correspondence back and forth –really pays off. It is where CRRR (certified return receipt requested) documentation can be the difference between winning and losing.
Other Courts – Unless there are underlying federal issues, Federal District Courts usually do not get involved in these civil debt actions.  Many online commentators recommend suing debt collection agencies in federal court for violations of the federal Fair Debt Collection Practices Act.  In my state, arbitration awards must be confirmed in Superior, not District Court.  The local Rules of Civil Procedure dictate what takes place in which local court.

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