Credit card companies often file a credit card debt lawsuit to borrowers who fail to pay their outstanding debt. If you are a debtor who is currently involved in a credit card debt lawsuit, there are ways to protect yourself before and during the trial, and also ways to negotiate your way out of the lawsuit altogether.

Verify and Review Debt

First, request that the credit card company verifies your debt. This involves reviewing personal information, such as your name, address, and Social Security Number, as well as account information and balance history. Creditors must verify debt before issuing a credit card debt lawsuit, so be sure that they have first verified that the account in question is actually yours.

Similarly, be sure to review any records that the creditor uses to prove your debt. Make sure that payments and balances have been correctly calculated.

Statute of Limitations

Next, check your state’s statute of limitations to find out the legal timeframe for initiating a credit card debt lawsuit. Usually, a creditor cannot initiate a suit if six or more years have passed since the last debt payment. State regulations differ, so call your county court to find out if the lawsuit timeframe has passed. If it has, you may argue this point in court. If the time limit has not passed, the lawsuit still stands.

Write a Denial Letter

States offer the defendant a chance to deny the charges brought against them with a written statement of denial. The defendant generally has to write a denial response within a certain period of time after having received the initial notice of the suit. Again, check with your county court to find out how much time you have to submit a response. Often, if you miss your window and fail to write a denial response, the creditor will win the credit card debt lawsuit by default.

Be up-front and genuine in your letter. If there is erroneous information in the lawsuit itself (e.g. an incorrect balance request, statute of limitations violation, or lack of evidence of debt), raise those points in the letter. Once you’re finished, submit a notarized copy of the denial letter to the court.

Ask For & Gather Evidence

In a credit card debt lawsuit, the defendant has the right to ask the creditor to provide evidence of debt, as well as witnesses. In most states, creditors must provide the defendant with the evidence they plan to use against them, so that he or she may prepare their case. To defend yourself, you may need to get copies of old bank records, billing statements, or cancelled checks. Compare your evidence with the evidence being brought against you, and look for any inconsistencies or mistakes on the part of the creditor. Often times, credit card debt lawsuit cases are dropped due to lack of evidence or a request for an incorrect sum.