Have you recently been served with a Summons and Complaint by a credit card company, collection agency or debt buyer? If so, you do not have to deal with them alone! We can stop the clock and put the credit card company on defense instead. However, time does matter in these cases. You only have 30-days to hire a lawyer and respond or you will lose by default and the company may then garnish your wages and seize bank account balances.
Don’t let these companies bully you into their terms. You have rights, and Rank & Associates will be on your side.
Did you know…
- An Oregon attorney can temporarily stop the default clock with just a phone call and letter without even filing a response with the Court or you even paying a filing fee? (ORCP 69A)
- Most credit card company lawyers “sue blind” with no credit card contract attached to the legal papers or any details about your account such as dates because so few people get a lawyer and fight back? (Do you see a fine print credit card contract attached?)
- The credit card company must prove their case before a judge or jury or you automatically win?
- The company must produce a live witness at any trial to explain all the credit card documents or they cannot become evidence against you? (Establish a foundation and not be hearsay)
- In many cases the credit card company, collection agency or debt purchaser no longer has your original contract or even the monthly statements with all itemized charges?
Kevin J. Rank will:
- Contact the company lawyer suing you both verbally and in writing to stop the 30-day default clock.
- Demand the company lawyer produce the original credit card contract, all amendments and every single monthly statement with every single alleged charge.
- If refused, file a Motion with the Court to either produce the contract and all statements or have the case dismissed. (ORCP 21)
- If any documents are produced, make sure they are complete and only then file an answer and request a trial.
- To actually represent you at trial and, if appropriate, negotiate a discounted settlement.
Remember, most cases are dismissed without a trial when the credit card company, collection agency or debt purchaser learns you have a lawyer and will fight back.
Hire an experienced credit card defense attorney before it is too late.
Remember, the company suing you must prove its case in Court and does not get a free pass in our legal system. Let Kevin J. Rank make them produce all the documents and put on a case with a live witness. Most of the time they are unable to do so. In fact, if only a pre-trial Motion is filed and the case is dismissed, they must repay you your legal fees! (ORS 20.096)
Beware of debt settlement/repayment scams.
Avoid debt settlement companies out of state that do not have Oregon attorneys. They cannot represent you in Court, get the case dismissed or even negotiate a settlement in the lawsuit! The Oregon Attorney General’s office even has a program to report such companies that are operating illegally in Oregon. (Call: 1.866.814.9710)
Call to schedule your consultation today. Credit card defense consultations are just $100 up front which will be applied to your attorney fees if you retain Kevin J. Rank & Associates to handle your case.