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Have you been sued by a credit card company in the District Court?

Credit card companies such as Citibank, Discover, Capital One, HSBC, American Express and banks have a handful of law firms that specialize in suing consumers that have fallen behind on their payments. In Massachusetts, the firms are highly specialized and have implemented an efficient litigation process to help them get the result that they want. Their goal is to get a judgment against you, preferably by default (which is like winning by forfeit in sports), and then get an execution if you own property with equity, or in some cases a wage attachment. If they cannot get either of those, then they will attempt to get you to pay in what is known as Supplementary Process or a Payment Review hearing. Supplementary Process/Payment Review is a court proceeding where a defendant who already has a judgment against them tells the court how much they can pay on a monthly basis.

Many people ignore the summons and complaint, or interrogatories and other legal papers that arrive from the Sheriff or the mail because they do not want to deal with it. DON’T! This problem will not go away. Talk to me or another attorney you trust. You may have defenses that could make the case go away. If not, you may be able to settle the debt for less than is owed. If you decide to hire me, you will know how much it will cost you before we proceed.

Or, have you been sued by a debt buyer?

Some credit card companies and other lenders will give up trying to collect from non-paying customers after a certain amount of time. At that point they may sell the debt to what is known as a debt buyer. A debt buyer is a company that buys debts from original creditors – usually credit card companies – for a fraction of the debt and then tries to collect on the full amount.  Debt buyers such as Midland Funding, LVNV Funding, Velocity Investments, CACH LLC, and others have used lawsuits to collect their debts.  One indicator that they are a debt buyer is that they are listed in the complaint as an assignee.  I have represented several clients against these debt buyers.

If you have been sued in Marlborough, Westborough, Concord, Clinton, or another District Court, contact me about a consultation. If it is a small claims action or District Court action, I offer a flat fee representation.

Have you been sued on a promissory note or do you hold a promissory note that is in default?

Promissory notes are called commercial paper in the legal world. Promissory notes are more powerful legal documents because if they are executed properly, they have a twenty year statute of limitations (versus the usual six years for a breach of contract).  These suits often are conducted in Superior Court.  Superior court litigation is more complex than District Court litigation because there are more procedural rules to comply with.  I represent plaintiffs and defendants in these actions.

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