Chase Bank Sued You for Debt?

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Sued by Chase Bank?

Many original creditors do not file lawsuits or they sell their accounts to a debt buyer.  Chase Bank has historically kept their own accounts and pursued them by filing collection lawsuits.

Chase Bank will rely on witness testimony in a “business record affidavit” when trying to prove their case against you.  It is important to fully understand the rules of evidence when attacking these affidavits and any documents attached.  

If you have recently been served with a Chase Bank lawsuit then you should take action to protect yourself.

If you have been sued by Chase Bank, it means that they have taken legal action against you in an attempt to collect a debt that they claim you owe. When you are sued by an original creditor, it is crucial to take the matter seriously and respond appropriately when being pursued by Chase Bank for unpaid credit card debt.

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How to Defend a Chase Bank Lawsuit

Do Not Ignore the Lawsuit: Ignoring the debt collection lawsuit for consumer debt will result in a default judgment against you followed by potential garnishment of your bank account or wages depending on state collection laws.  A lawsuit is much more important than simply having Chase Bank show on your credit report.  A low credit score is not nearly as critical as a default judgment for not responding to a debt collection lawsuit. 

 

Hire an attorney on a Flat Fee– When legal action has been taken, navigating the Court process for a debt claim can be complicated when served with a debt collection lawsuit.  Getting legal advice is key.  Additionally, you will likely be required to appear in Court one or more times. If you hire an attorney they will likely be able to appear for you. You should know what the fee is going to be and avoid paying a lawyer by the hour since this could get very expensive.  Being a defendant in a debt collection lawsuit is not a fun process.

 

Plead Your Defenses:  Responding to a Chase Bank lawsuit is crucial, as it is with any debt-related lawsuit. In your response, you should assert any valid defenses, such as disputing the accuracy of the debt, claiming the debt is beyond the statute of limitations, or stating that you are not the responsible party. As the defendant, it is essential to properly assert your defenses. Chase Bank might lack adequate documentation and if this is the case, you need to clearly explain this to the judge

 

Attend Court Hearings (or hire an attorney): When legal action has been taken against you by a original creditor for credit card debt, the Court will likely set deadlines and hearings in your case. Make sure to attend all scheduled hearings and proceedings and handle all deadlines. This is another reason why it is wise to hire an attorney who focuses on debt lawsuit defense.  Getting legal advice regarding consumer protection can go a long way in defending against a debt collector in a debt collection case.

 

Comply with Court Orders: Follow any court orders or judgments. Failure to do so can result in additional legal consequences.  This is different from the debt collection laws that creditors must follow prior to the debt collection lawsuit being filed.

 

Prepare for Trial: A debt collection lawsuit often ends up in trial.  If negotiations fail and the case goes to trial, work with your attorney to prepare a strong defense and gather evidence to support your position.  This is why it’s important to get sound legal advice when faced with a debt collection lawsuit filed by a debt collection agency like Chase Bank Many times they have not provided adequate documentation.  When they buy debt as a original creditor they are required to provide some documentation at trial.

 

Negotiate a Settlement: Chase Bank lawsuits are serious if you don’t handle them correctly. Your attorney may be able to negotiate a favorable settlement of the claim as opposed to leaving it up to the judge at trial. This is often a wise resolution to eliminate the risks of trial but you must make sure there is a valid written settlement agreement to ensure the bad debt is actually resolved.   The last thing you want is to settle then have Chase Bank come after you later claiming more unpaid debt. 

 

Consider Bankruptcy:  If you have more debts other than just Chase Bank debt you should consider Bankruptcy as an option.  A Bankruptcy an relieve your obligation of Chase Bank lawsuits and other bad debt.  This includes credit card debt and other consumer debt.   At Weston Legal we offer a variety of debt relief options in select jurisdictions.  Contact us to see if we can assist with your situation. 

What Happens With a Judgment?

Your Bank Account Can Be Frozen and Emptied by Many Judgment Creditors

A Judgment Can Often Cloud Title on Your Homestead Property

A Judgment is Published on your Credit Report as a “Public Record”

With a Judgment, certain property can be sold at auction to pay towards the judgment

Do I Need a Lawyer?

Without a Lawyer

Default Judgment
The vast majority of collection lawsuits end up with a judgment against the consumer. This is primarily because the consumer did nothing to protect themselves or they attempted to defend the lawsuit themselves.

With a Lawyer

Default Judgment

Most of our cases are dismissed by the creditor prior to trial or we reach a favorable settlement for our clients depending on the circumstances of their situation.

Our Results with Chase Bank

1) Chase Bank vs. Our Client
CI044132; Brazoria County Court #4
Result: The plaintiff voluntarily dismissed their case prior to trial.

2) Chase Bank vs. Our Client
CV52C0302468; Harris County Justice Court 5-2
Result: We negotiated a confidential settlement

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Credit Card Lawsuit Defense Attorney

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.

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