Defending a Credit Card Suit in Missouri

If you've been sued for credit card debt in Missouri, you have a few options. Your first option is to call the law firm that is representing the credit card company. Be aware, however, that this law firm is basically a collection agency. They operate under the same rules as a collection agency and anything you tell them can be used against you in court should you not be able to settle with them. Chances are that they will offer you a settlement amount considerably less than what they are suing you for.

Your next option is to represent yourself pro se. This means that you act as your own attorney. At your first court appearance, you will most likely be given an opportunity to talk to the attorney for the credit card company. They will probably offer you a settlement, and be willing to negotiate terms. Do not be afraid to negotiate with them- their first priority is to get some kind of money out of you to make it worth their time to be there.

If you cannot come to an agreement, you may proceed as your own attorney. You will be held to the same rules that any other attorney would be, so it is very important that you familiarize yourself with the Missouri court rules. They are available at the Missouri Supreme Court website. These rules will pertain to what pleadings you must file. The first that you must file is called an answer. It must admit or deny every allegation in the petition that you were served with. It also must specify what defenses you have to the charges, if any. The next pleading you should file is a Request for Interrogatories, or a Request for Production of documents. It should specifically list all of the questions you want answered by the credit card company, or any documents you wish them to produce. Common documents you should ask for are account origination documentation, account statements and copies of correspondence sent from the credit card company to you. If you send interrogatories or requests for documents, you must send them electronically as well as just on paper. This can be done via email or on a floppy disk.

You will also likely be served with interrogatories or requests for production. Answer the questions as truthfully as possible. Read over them first and see what is expected. Your signature will most likely have to be in the presence of a notary, so do not sign the paperwork until you have read it all and seen a notary, if necessary.

Above all, be persistent! If the amount you owe is not overly large, your persistence could pay off in the form of the credit card company dismissing the suit. At some point, their costs could become larger than what they could hope to obtain from you in a judgment and they may dismiss the suit in order to cut their losses. If they do not dismiss, appear for your trial. This will not be a jury trial, but a bench trial. Dress appropriately- no dirty jeans or t-shirts. State your case to the judge clearly and to the point. Do not go off on a tangent. Tell the judge exactly what you are asking for, and why you are asking for it. Be respectful.

The most important things to remember when dealing with a credit card suit are to be polite, be firm, and not to promise to pay money you cannot deliver. It is always wise to speak to an attorney in your area any time you are served with legal documents, and make sure you are comfortable with whatever decision you make.