Expert: Robert D. Mouradian - 4/24/2007

Question
My wife just received a subpoena today.  The plaintiff is CACV of Colorado, LLC. and we believe this is for a bad credit card debt.  We're not too sure exactly how old the debt is, but it's close to 5 of 6 years old.  If I remember correctly, her limit was $6,000, but they are suing for close to $13k!  She is supposed to appear tomorrow, but she will not be able to due to work.  Again, we just got this today.  What are her options?  Please help.

Answer
Hello:

I am licensed to practice law in Michigan. If this is a Michigan matter I think I can help you. I would suggest that we talk by phone. Please contact me for a complimentary phone conference. You can contact me by phone or e-mail. Please remember to provide a phone number if I am not available when you call or if you send a response by e-mail.

If this is not a Michigan matter I would encourage you to immediately contact an attorney in your state regarding this matter.  

I have 29 years of experience representing creditors and debtors.  At a minimum you should have an attorney from your state review your lawsuit papers immediately.  

If you do not file a timely answer to the complaint a default judgment may be entered against you.  In addition you may very well have a defense or setoff available for all or part of the debt. In some cases debtors may have a counterclaim for damages based on creditor collection practices that violate the law.

It is also important to keep in mind that a judgment will probably have an impact on credit scores that can cost you thousands of dollars or more in the future.  This can occur due to the higher interest rates that are common when debtors with poor credit scores apply for a loan.  

A good attorney will try to resolve the matter without having a judgment entered.   If a judgment has been entered it may be able to be set side as part of the resolution of the claim.

If this is a Michigan matter I will look forward to talking with you.

I hope this helps!

Robert D. Mouradian
Attorney at Law
http://www.AAAALegalCenter.com
bobm@AAAALegalCenter.com
Office 248 737-3730