The Worst Credit Card Lawsuit Defenses

I Tried to Pay!

I tried to pay them but they wouldn’t take the money…or it’s variation…”They wouldn’t take the amount of payments that I could afford”. How in the world is that a defense? I am shocked by how many people use this as a “defense” to a credit card lawsuit. It is NOT a defense. Instead, it is an admission. What you are really saying is, “I owe the money and I want to pay it, but I cannot afford it”. The creditor does not have to take what you can pay, they only have to take the amount that it was agreed that you would pay. If this is a monthly payment, so be it. When you default on that payment, generally the entire balance is due and owing. That is why they sue you for the full amount. At this point, you don’t get to set the payment amount, the creditor does. Repeat… this is not a defense.

I Hired a Debt Settlement Company

This is similar to “I tried to pay” but with a slight variation. You hire a debt settlement company to negotiate debts and then pay them off. Again, this is an admission. This is NOT a defense. As mentioned elsewhere on this site, and on all of my other sites, most “debt settlement” companies are not worth it. They either charge waaayyyy too much, or, in a worst case scenario, they are scams. I have spoken with hundreds of clients and potential clients over the years about debt settlement companies. When all is said and done, I have had 2 clients who actually benefited from a debt settlement company.

My Divorce Decree Says That I Don’t Have to Pay

Well, we are talking about two different courts here. Civil Court and Divorce Court. While a Divorce Court can order the other spouse to take responsibility for a certain debt, this Order is not binding upon the creditor/purchaser. For instance, Mary and Bob divorce. The Divorce Court orders Bob to pay Mary’s Capital One account. He fails to pay it. Capital One can ONLY sue Mary under civil law. They cannot sue Bob because his name is not on the account. So while the Divorce Court ordered Bob to pay it, that Order is NOT a defense to the civil action that is filed by Capital One. Mary must defend the lawsuit and then she may file an action against Bob. Unfortunate, but that’s how it works.

I Don’t Have Any Money

So??? I cannot comprehend how people think that this might be a valid defense. The lawsuit isn’t about whether you can pay or how much you can pay, its about how much do you owe? This is what the lawsuit and the court are trying to determine. Do you owe any money? If so, how much? Whether you have the ability to pay is not a consideration in a credit card lawsuit. Think it through from the other side. If you did have money, you likely would have paid and there would be no lawsuit, right? Ability to pay is NOT a defense to a credit card lawsuit.

I filed my own Answer

This is a very big mistake.  For starters, in most credit card collections cases in Pennsylvania, this is the wrong document to file.  Most collection lawsuits are defective and Preliminary Objections are the proper response.  If you don’t file these Objections, then they are waived… meaning, you give up those defenses. Don’t respond to a lawsuit on your own, call us for a free, no obligation consultation to discuss how you should respond to the lawsuit.