Do I need a lawyer if I have been sued by my credit card company?
In Illinois, you can be sued in small claims court for amounts up to $10,000, so unless you have a very large credit card debt, it is likely that you are being sued in small claims court. While many people do represent themselves in small claims court, you may want to speak to a lawyer if you have been sued by your credit card company.
Debt collectors, including credit card companies, are required to follow the Fair Debt Collection Practices Act, a federal law which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you. If you feel that a credit card company, or other debt collector, may have violated the law in attempting to collect a debt from you, you should seek the advice of a lawyer to see if your rights have been violated.
Another advantage of hiring a lawyer to assist you if you have been sued by your credit card company is that a lawyer may be able to assist you with negotiating a settlement. While it is unlikely that a lawyer will be able to make your credit card debt completely disappear, it is possible that a lawyer will be able to assist you in paying less than you have been sued for by your credit card company.
A lawyer can also assist you in determining if you have defenses that may be available to you. For example, if the statute of limitations has passed on the debt – meaning the credit card company has taken too long to sue you on the debt – then the credit card company may be prohibited from suing you altogether.
If you have been sued by your credit card company and would like to speak to a lawyer, contact McCarthy, Callas & Feeney at 309-788-2800 in Rock Island, Illinois.