Legal Question in Credit and Debt Law in Missouri

Re: credit card is suing me

They can order you to pay money, assuming you owe it and the credit card company can prove it. If you don't show up, they don't have to prove it and they win by "default." For obvious reasons you want to show up and ask the judge for time to obtain legal representation.

The burden is on the creditor to prove his case, and most of the time the creditors use affidavits. These affidavits are subject to strict rules, and if you force the creditor, the creditor has to actually put on evidence. 99% of people don't make the creditor put on evidence. So when someone shows up with a lawyer, usually a $5000 debt can be negotiated way down because (in many cases) the lawyer representing the creditor is not used to having to work hard. It would be worth your time to secure a legal analysis of their claim, and if you blow past the court date, you lose this important opportunity. In that case what happens is that the defendant can then use the default judgment to garnish your wages and your bank accounts, and take any property titled solely in your name and sell it on the courthouse steps. So, it makes sense to see a lawyer about this issue.

Re: credit card is suing me

You should defintiely appear in court on time one your court dae, or hire an attorney to appear for you. In fact, I would strongly suggest that you consult with and hire an attorney. There are many credit card lawsuits filed to which there are defenses and even counterclaims available. Also, at the least, an attorney can ususally negotiate a better settlement for you in appropriate cases than you would be able to do on your own. Good luck.