What If a Debt Lawsuit Includes Charges You Didn’t Authorize?
- Author: Mike Weston
- Last Modified: September 6, 2025
If you’re being sued for a credit card debt that includes unauthorized charges, you can raise it as a defense—but it’s an uphill battle. Courts expect consumers to dispute fraudulent or inaccurate charges promptly with the creditor or card issuer. If you waited until the lawsuit was filed to raise the issue, the court may view your claim with skepticism—especially if you’re admitting that part of the balance is valid but the rest isn’t.
The judge may still issue a judgment for the full balance or decide what amount is owed based on the evidence presented. This puts the burden on you to clearly separate legitimate charges from those you didn’t authorize—and to prove you objected in a timely manner.
Related Links
Table of Contents
🧾 What Are Unauthorized Charges?
Unauthorized charges may include:
Fraudulent transactions you didn’t make
Double charges
Charges after account closure
Fees you never agreed to
Recurring charges you canceled
These issues should have been disputed directly with the credit card company, often within 60 days of the statement date, to preserve your rights under the Fair Credit Billing Act (FCBA). If that dispute never happened, you’re in a much weaker position during a lawsuit.
⚖️ What Happens If You Wait Until You’re Sued?
If you wait until a lawsuit is filed to say, “Some of these charges aren’t mine,” the court may ask:
Why didn’t you dispute them earlier?
Did you continue using the card afterward?
Did you make any partial payments on those amounts?
Did you ever notify the creditor in writing?
Courts are less likely to credit your claim if the dispute wasn’t raised at the time the charges occurred. They may still enter a judgment for the full amount, or try to estimate what’s owed—but this often benefits the creditor, not you.
🧠 Can You Still Raise the Dispute in Court?
Yes, but be prepared:
You’ll need evidence, such as statements, dispute letters, or fraud reports
You may be cross-examined about why you waited
You may have to explain which charges are valid and which are not
The court may side with the creditor unless your evidence is strong
You are essentially asking the court to adjust the balance owed—a legal gray area that doesn’t always go in favor of the consumer.
🏦 What Creditors Could Sue You With Questionable Charges?
Both original creditors and debt buyers may sue for balances that include unauthorized or questionable charges.
Original Creditors:
Debt Buyers:
Debt buyers in particular often lack itemized records, making it even harder to separate valid from invalid charges.
🚫 What If the Charges Are Clearly Fraudulent?
If your lawsuit includes obviously fraudulent charges—such as charges from a stolen card or identity theft—you need to:
File a police report
Contact the creditor and explain the fraud
File a formal dispute in court
Consider asserting identity theft as a full defense
In these cases, the entire debt may be invalid. But again, this defense is strongest if you raised it before the lawsuit was filed.
👨⚖️ What Can the Court Do?
If the court believes:
Some charges are valid
Some charges are unauthorized
—it may still enter a judgment for the full amount, especially if you haven’t clearly proven the difference or didn’t dispute the charges at the time. Courts don’t always “split the balance.”
That’s why it’s essential to act fast—and legally—when something doesn’t look right on your credit card statements.
👩💼 Should You Hire a Lawyer?
Yes, especially if you’re trying to argue that the debt amount is partially invalid. A debt defense attorney can:
Demand full records of the account although this is not required to be produced.
Identify legally questionable charges
Argue for dismissal or reduction of the amount
Represent you in front of a judge
Weston Legal may be able to assist depending on your state. Having legal help increases your chances of avoiding judgment for charges you never authorized.
📌 Conclusion
If you’re being sued for a debt that includes unauthorized charges, it’s not too late—but it’s not easy either. Courts expect you to have disputed the charges when they first appeared. If you didn’t, you’re at a disadvantage—but not without options.
Respond to the lawsuit, gather your evidence, and get legal help. Otherwise, you risk a judgment for the full balance, including charges that may not even be yours.
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.
Meet some of our Lawsuit Staff
Michael
Jessica
Andrew
Courtney
Trent
Reem
