Credit card judgments acknowledge that a debt is outstanding and spells out the way in which the debt may be recovered. This often takes place when a credit card cardholder has missed monthly paments and has not made an effort to work with the credit card provider to bring the account current.

Idealistically speaking, before getting to this point, it would be best to contact the card provider so things do not get out of hand. Credit card providers are often willing to work with a cardholder to either arrange a payment plan or to arrange for a pay off in full for a reduced debt amount.

A collection agency may end up with your credit card debt if you do not work with the credit card provider. Once this happens, you will no longer be able to negotiate with the credit card provider. Filing a legal action against you is not an option which collection agencies like to entertain. This is because law suits are costly and time-consuming. In light of this, collection agencies prefer to work with you to resolve the debt issue. They would prefer that you arrange to make a lump sum payment or agree to monthly payments.

If your debt does come before a judge for a credit card judgment, you have the right to appear before the judge and plead your case. If the debt is not yours or if the seizing of the assets would mean serious difficulties for you, the judge may take this into consideration. However, this is viewed on a case-by-case basis.

It is good to know that not all assets may be seized and the judge will ascertain which assets may be used to recover the debt. It is also possible that money may be taken from your bank account, your wages may be garnished (depending upon state law), and a lien may be placed on your real property.

It goes without saying that a credit card judgment will create havoc with your credit score. You will most likely be denied for most credit products and, if you are approved for any credit products, exorbitant annual percentage rates (APRs) and annual and monthly fees will be associated with those which are offered to you. Additionally, your credit report can carry this credit card judgment for up to seven years.

It is important to keep in mind that a credit card judgment will likely affect future employment opportunities or advancement related to your current position. Additionally, a credit card judgment can make finding reasonable rates for home and car insurance very difficult.

It is best to pay the credit card debt off as quickly as possible once the judgment has been issued. Once you have paid this debt off, you should try to contact the credit reporting agencies to attempt to have the debt removed in its entirety or to request this entry be revised to a “paid” status, at the very least.

See Actual Lexington Law Customer Results at www.lexingtonlawreviews.com.

These days, there are many consumers who simply cannot pay the high monthly minimum payments on their credit card debts. Their guilt about that will make their likely encounter with credit card debt collectors all the worse.

Some consumers in this situation realize they do not have to suffer this financial death by guilt.

They understand they can use a proven legal strategy to make the debt collector prove the debt is owed. Denying and disputing an unsecured credit debt with a debt collector, not the original creditor, works, according to Credit Card Debt Survival Guide. This strategy forces the other side to prove their case.

A credit card debt collector is required by the Fair Debt Collection Practices Act to send a statement to the consumer with the debt saying that:

1. The debt collector can assume that the debt is valid if the consumer does not dispute the debt’s validity.

2. In order to dispute the debt, the consumer must dispute the debt in writing within 30 days, by sending a letter to the debt collector.

According to the Fair Debt Collection Practices Act, a consumer can also write to the credit card debt collector saying that they want the debt collector to stop contacting them about the debt.

If a consumer follows this advice and refuses to admit to the credit card debt, by disputing it and denying it, and then writes to the credit card debt collector asking them to cease communications regarding the debt, that may cause the debt collector to decide to collect from other easier-to-deal-with consumers. For them to proceed with the task of recovering this debt, they will need to prove the debt exists by getting copies of original documents from the credit card company and sending them on to the consumer.

With an unsecured, unsigned credit card debt, a debt collector has to get the consumer to admit to owing the debt. Effectively they need an admission of “guilt”. The initial exchanges between consumer and the credit card debt collector set the tone of all communications between them. If a consumer denies and disputes the alleged debt, and also forbids further communications, often the collector will look for an easier target.

If you are seeking credit card debt relief, whether you can afford to pay or not, read Matt Highlander’s Credit Card Debt Survival Guide.

The first thing to do is to respond the summons. Collection attorneys are used to consumers not responding to court summonses for credit card debt. Feeling helpless and guilty the consumer then loses by default, and the attorney gets the court’s backing to collect the debt.

Answering a court summons for credit card debt is actually not that intimidating. It only takes a two or three page document. To defeat the collection attorney, the consumer’s answer needs to demand he properly document the debt, according to the Credit Card Debt Survival Guide.

Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have trouble documenting the ownership of the individual accounts in the batch.

Answers to summonses for credit card debt are answered differently in different state courts. The local rules of civil procedure provide the guidelines for acceptable answers. They also dictate the proper method of summons and answer service, as well as the amount of time the consumer has to answer before going into default.

The local rules of civil procedure govern the best wording of the affirmative defenses the consumer should use in the answer to the summons. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, if the consumer cannot afford a local attorney, they can simply ask one to comment on the wording of their answer for a small fee.

In some parts of the country, collection attorneys are known to send out summonses for credit card debt in large quantities. They know by experience that most consumers will not respond with an answer. If they get a few responses, they will withdraw those claims and focus on the non-responders going into default.

To beat them, civil summonses for credit card debt need to be answered!

This content is not intended as a substitute for legal advice. If you need an attorney in your local area, please contact a licensed attorney in your state.

Matt Highlander writes for the Credit Card Debt Survival Guide. If you are searching for credit card debt relief, read about proven strategies for settling debts and handling debt collectors as well as collection attorneys.

There is little or no legal weight to a phone call from a credit card debt collector. Anyone can say anything and get away with it. Debt collectors use that to their full advantage. The telephone is their weapon of choice. Once things get reduced to writing, they become toothless.

The record of written contact with a credit card debt collector is what holds weight in court. That record is a lot stronger when a consumer sends all letters certified return receipt requested.

Over the telephone credit card debt collectors lie a great deal. These are some of those lies:

1. They claim you are the target of a lawsuit in your local court and that you’ll get your summons any day.

2. Or they may ask you for a small payment, which is well within your means – surely that is acceptable? Not so, if you make this payment then you have legally documented admission to the debt, and made things worse.

3. Debt collectors will threaten to have you arrested. No one can be arrested for a civil matter.

4. They tell you money will be taken from your weekly earnings.

5. They might even threaten you with having your bank account seized.

Each of these lies is punishable with a $1000 fine with the Fair Debt Collection Practices Act.

Credit card debt collectors use the phone attempting to get personal details such as your bank account number, Social Security number, and work number, as well as getting you to confirm your credit card number and admit to the debt in question. The Credit Card Debt Survival Guide advises that you should never share any personal information with people on the telephone, as they could be anyone, and that you should always dispute and deny the debt to which they are referring and hang up the phone.

Curiosity should be the only reason for taking one of these calls. If a credit card debt collector calls out of the cold, let them tell you what debt they are calling about, then tell them you have received no written notice from them about the debt and hang up.

You should be aware that as a consumer the Fair Debt Collection Practices Act gives you the right to write to the debt collector to instruct them to stop telephoning you. If they continue, they are breaking the law and are liable to a $1000 penalty for each call made. Consumers are advised to log each phone call to interest a specialist consumer rights attorney in suing the debt collector on a contingency fee basis.

Is there a legal basis to settle credit card debt?

While credit card debt settlement firms may assert otherwise, settling a credit card debt does not involve a legal secret.

Unsigned, credit card agreements are contracts between the credit card bank and the applying consumer. Like any contract, these contracts can be lawfully edited with the agreement of both sides. The most important legal aspect of negotiating credit card debt for the consumer, according to the Credit Card Debt Survival Guide, is getting the settlement and its terms in writing.

Can I settle my credit card debt while still making payments?

No you cannot do that. Just like mortgage banks, credit card banks will not negotiate with consumers who are current with their monthly payments. Otherwise, they would be losing money to everyone seeking to negotiate their credit card debt.

In most cases the reality is only those consumers, who can make their monthly credit card payments, can afford to settle. To negotiate their credit card debt with the bank, they must first take the risk of not making monthly payments to get the bank’s attention. Then they have to save those payments for the lump sum payment they hope the bank will take.

What percentage of the balance will a credit card company settle for?

On Web discussion boards, consumers report negotiating credit card balance reductions of 20 to 70 percent. Debt settlement teacher Charles Phelan reports credit card companies would rather negotiate with the account holder and not a debt settlement firm, and that consumers get the best deal of they do the negotiating themselves.

According to the Credit Card Debt Survival Guide, banks are most likely to settle for the lowest amount right before they write the account off as a loss. Six months after payments on an account stopped is generally when that happens. At this time it is common for a bank to approach the consumer with a settlement offer. Before this period, when a consumer in arrears approaches the bank with a settlement offer, the bank wants to see evidence of need such as low income, job loss, family death, illness, etc.

Do I have a legal right to settle my credit card debt?

Contrary to debt settlement firms advertising the SECRET credit card companies do not want you to know, there is no secret to legally settling credit card debt.

A credit card account is a contract between two parties. That contract can be changed if there is agreement between the consumer and the credit card bank. In this context, the most important part of LEGAL is for the consumer to get the negotiated debt reduction and its terms in writing, according to the Credit Card Debt Survival Guide.

Can you settle a credit card debt without being late in your payments?

The short answer is NO. Banks will not settle with consumers who are not late in their payments. If they did, they would open up the floodgates to every credit card account holder seeking credit card debt relief.

In most cases the reality is only those consumers, who can make their monthly credit card payments, can afford to settle. To negotiate their credit card debt with the bank, they must first take the risk of not making monthly payments to get the bank’s attention. Then they have to save those payments for the lump sum payment they hope the bank will take.

What percentage of the balance will a credit card company settle for?

On Internet consumer forums you can read of individuals negotiating credit card debt down to 20 to 70 percent of the current balance. Credit card banks prefer dealing directly with consumers rather than going through debt settlement companies, according to Charles Phelan, a debt settlement trainer. He also says consumers who negotiate on their own get the best settlements.

For a debt reduction agreement initiated by a consumer to work, credit card debt banks want consumers with real hardship issues like low income, job loss, family death, medical catastrophe, etc. The best time to settle, according to the Credit Card Debt Survival Guide, is right before the bank charges off the account. This usually happens six months after payments stopped. During this period, banks sometimes contact the consumer and offer to reduce the balance.

Most people would simply rather pay their credit card debts than deal with collection phone calls and collection attorney letters. But, what about those who cannot afford to make monthly minimum payments on their credit card debt? Many fall prey to the debt collection industry. Some, however, become educated consumers and use the law to force debt collectors to spend their time with other, less knowledgeable consumers.

Time is money for a credit card debt collector, who is in the business of collecting unsecured consumer debt, most of which happens to be credit card debt. These consumer debt collectors and collection attorneys work on a percentage of what is collected. Most people think there is a debt collector for every debt, when the reality is there is only a debt collector for every easy-to-collect credit card debt.

Over the last 30 years the credit card industry has grown exponentially and the consumer debt collection business has as well.

According to the Federal Reserve and Business Week, the consumer credit industry increased from $133.7 billion of consumer debt obligations in 1970 to $2.5 trillion of consumer debt obligations in November 2007.

Each year debt collectors put more than $40 billion back into the U.S. economy, according to ACA International, a trade group for the debt collection industry.

There were 173 million credit cardholders in the United States in 2006, According to the U.S. Census Bureau.

According to the American Banking Associate, in the first quarter of 2009, 4.75 percent of bank cards were delinquent.

The point is, there are millions of delinquent credit card accounts to go around to ambitious debt collectors.

The Federal Reserve requires credit card companies to hold reserves for bad debts. The credit card companies profit from these debts after they are written off by selling them to junk debt buyers for no more than one penny on a dime, or 10 percent of their value. With that discount, junk debt buyers and their collection agencies and collection attorneys can be quite profitable by only collecting on 30 or 40 percent of the purchased accounts.

Debt collectors make the same empty threats to both resistant and non-resistant consumers holding credit card debt. Usually, however, they only follow-up with more threats and intimidation with the non-resistant majority of delinquent credit card account holders. The secret is learning the correct response to those initial threats and how to use the Fair Debt Collection Practices Act (FDCPA).

The Fair Debt Collection Practices Act covers the behavior of collection agencies, junk debt buyers, and collection attorneys. The FDCPA treats attorneys as debts collectors, if they are collecting consumer debt. The consumer must be notified in writing by the debt collector of their right to dispute the debt and have it validated, according to the FDCPA. Copies of original documentation that verifies a debt are considered proper validation by the FDCPA. The FDCPA gives the consumer the right to tell the debt collector to stop collection activity until they have validated the debt.

So, who should the consumer debt-collection commissioned professionals spend their time with, those who properly dispute and request validation or those who put up no resistance?

Too many, in fact most consumers do not respond to a court summons for credit card debt. Collection attorneys have become accustomed to filing a summons, winning be default and collecting money with the court’s help.

Answering a court summons for credit card debt is actually not that intimidating. It only takes a two or three page document. To defeat the collection attorney, the consumer’s answer needs to demand he properly document the debt, according to the Credit Card Debt Survival Guide.

Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have trouble documenting the ownership of the individual accounts in the batch.

The rules of civil procedure for the consumer’s local court dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They also tell the consumer how much time he has to respond to the summons before going into default. Most importantly the local rules of civil procedure dictate the affirmative defenses that need to be in the answer to the summons.

Most importantly, the rules dictate the wording of the affirmative defenses the consumer uses in the answer. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, the consumer needs to get the advice of a local attorney on the answer’s exact wording per the local rules of civil procedure.

In some parts of the country, collection attorneys are known to send out summonses for credit card debt in large quantities. They know by experience that most consumers will not respond with an answer. If they get a few responses, they will withdraw those claims and focus on the non-responders going into default.

For the few that answer them, civil summonses for credit card debt can be defeated.

This content is not intended as a substitute for legal advice. If you need an attorney in your local area, please contact a licensed attorney in your state.

A consumer with knowledge of existing consumer protection laws can stop a junk debt buyer’s credit card debt collection attempts.

Junk debt buyers invest in discharged credit card debt for pennies on the dollar. They also sell and resell the debt they have purchased to other junk debt buyers for smaller and smaller sums of money. Business Week, as an example, reported Portfolio Recovery Associates, a large national junk debt buyer, paid $791.6 million over an 11 year period for $35.3 billion of debt in 16.7 million customer accounts. For each dollar of credit card debt that averages less than three cents.

Based on those fractions, according to the Credit Card Debt Survival Guide, junk debt buyers do not have to collect on a majority of those debts. If they collected on just less than half, they would be hugely profitable.

The federal Fair Debt Collection Practices Act (FDCPA) can protect a knowledgeable consumer from junk-debt-buyer collection efforts, but junk debt buyers rely on the fact most consumers are not that knowledgeable about the FDCPA. Collection agencies for junk debt buyers send out first notices and most consumers do not respond in writing asking for documentation of the debt, as they should. When they purchase this debt in huge computer tape batches, junk debt buyers receive little original documentation of each debt; documentation that the FDCPA requires the junk debt buyer to provide to the consumer if asked.

When contacted by telephone and bullied with a false lawsuit, many consumers out of honesty and ignorance of the FDCPA admit to the undocumented debt and make the debt collector’s task easier.

Junk debt buyers’ and their collection agents’ debt collection efforts, unlike the original credit-card-bank creditors, are covered by the FDCPA. With a properly crafted written response, like the ones that can be found in the Credit Card Debt Survival Guide, these debt owners and collectors must stop their collection activities including no negative marks on a consumer’s credit report.