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andrews
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I'm in [different state]. We have this here in my area of [state]. It appears that there are a few basic possibilities for small claims credit card cases. 1. Do not show up at all. Def loses by default. 2. Show up, sign stipulation or consent. People who sign stipulations generally make 1 or 2 payments. Then ptf files its affidavit, and the stip ripens into judgement. Either way, def loses. 3. Show up with lawyer. Plaintiff generally seeks a walk-away. Def wins, but you pay your atty. That is much cheaper than losing. 4. Show up with lawyer, but bank wants to fight. There is a fee-shifting provision, so the bank probably pays for def's lawyer. The bank, and even more the third-party debt buyers, are playing the numbers. They generally have at least half #1 (no show), and the bulk of those showing up choose option #2.
An interesting twist I am seeing on these is that the buyers (and sometimes even first-parties) sue on account stated rather than on the credit card contract. The intent appears to be two-fold: one, to avoid having th prove the debt, especially if they get a judge who does is ``flexible'' on the requirements for account stated; and, two, to avoid the fee-shifting provisions that appear nearly universal in credit card agreements. [I am _not_ licensed in your state and do not represent you. If you want legal advice call someone licensed in your state.]
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Jun 5, 2016