Creditors and lending institutions expect debtors to repay their dues in time. Unfortunately, things may not pan out as expected. If you refuse to pay your credit card bill, the credit card company can take legal action. They can file a lawsuit, for which the deadline is five years in Illinois, as per the statute of limitations. Before trying to sue you, a creditor would try all possible means to recover the money, for which they may also hire a third-party debt collection agency. If you are being chased for your debts, call a Chicago debt defense lawyer to know if you can take counter legal action. Here are some key aspects worth knowing.
What are common defense strategies?
Just because you are being chased by debt collectors doesn’t mean you can file a lawsuit. If the creditor has already filed a lawsuit against you, your defense has to be strong. For instance, you cannot state a reason to justify why you failed to repay the bills on time. This is the precise reason why you may want to consult an attorney. A skilled debt defense lawyer will determine the best legal course of action, depending on the circumstances. Common defenses in matters involving debt collection and similar lawsuits include
- Case of mistaken identity. If the creditor has filed a lawsuit against you without verifying other details, it could be a case of mistaken identity. Depending on the situation, your lawyer could prove that you are a victim of identity theft. This largely happens to people with a more common name.
- The deadline has passed. In Illinois, the statute of limitations sets a deadline of five years for filing a lawsuit for not repaying credit card bills. If the creditor has filed a lawsuit after the deadline, your lawyer can use that fact.
- The case of being an authorized user. Let’s take this example – if your friend authorized you to use their credit card and the company decides to sue you, your defense would be related to being an authorized user. Unless you are jointly responsible for paying the bills, the credit card company cannot sue you.
- The case of not including certain payments. If you made a payment and the creditor hasn’t acknowledged the same, you could raise this as a defense. In some circumstances, a lawyer can prove that the client has paid the dues in full in installments.
Call an attorney now to know about debt defense.
