Credit Card Lawsuit Defense
Served by a bank or debt buyer? Learn viable defenses and next steps.
Credit card lawsuits are frequently filed by original creditors or debt buyers (e.g., Midland, Portfolio Recovery). Many cases rely on limited documentation. Defense focuses on proof of ownership, admissible records, and contract terms including arbitration clauses.
Common Defenses
- Insufficient chain of assignment to the plaintiff
- Hearsay business records without proper foundation
- Expired statute of limitations
- Arbitration clause strategy (when appropriate)
Arbitration Strategy
Some card agreements allow consumers to compel arbitration, which may increase the creditor’s costs and improve settlement leverage. This is not suitable in every case.