Don't spend your life savings to get debt collectors to go away.
Summary: Are you being sued by Retailers National Bank for debt on a Target credit card? Make your defense and win your case.
If you are being hounded by Retailers National Bank, which is formally known as Target National Bank, for an alleged debt on a Target credit card, do not fret. You have certain legal rights and protections under federal law and can proactively defend yourself if Retailers National Bank decides to file a debt collection lawsuit against you.
Why Retailers National Bank Filed a Debt Collection Lawsuit Against You
If you were served with a debt collection lawsuit by a representative from Retailers National Bank, you may be asking yourself, “What exactly is Retailers National Bank?” Well, Retailers National Bank is a financial institution established in 1994.
The bank subsequently changed its name to Target National Bank in 2004. The name change was primarily due to the bank's relationship with the national shopping chain, Target. Retailers National Bank was the primary issuer and servicer of Target's “Red Card” and Target's Visa credit card.
However, it is worth noting that Target National Bank was acquired by TD Bank USA in 2013. As a result, the debt collection lawsuit may have “TD Bank USA” listed as the plaintiff, even if the alleged debt was related to an account opened with Retailers National Bank / Target National Bank.
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You Have Legal Rights Under the Fair Debt Collection Practices Act
Retailers National Bank, or its subsequent corporate identities (Target National Bank and/or TD Bank USA), does not have a sterling reputation when it comes to pursuing delinquent debts from consumers. Multiple complaints have been filed against this bank with the Better Business Bureau (BBB) alleging various violations of the Fair Debt Collection Practices Act.
If you are being subjected to harassing phone calls and correspondence, it is important to understand that you have certain rights and protections afforded under the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal statute providing legal protections to consumers by limiting what debt collectors and debt collection agencies can do when attempting to pursue a delinquent debt. certain types of debt. Here is an overview of some of the key consumer protections established under the FDCPA:
- Debt collectors are prohibited from contacting you before 8:00 a.m. or after 9 p.m.
- Debt collectors are prohibited from contacting you at your place of work.
- Debt collectors are prohibited from harassing you or anyone affiliated with you (e.g., friends, family, work colleagues, etc.). The prohibition on harassment extends to any form of communication, including phone calls, letters, social media outreach, etc.
- If a debt collection agency is advised that you are represented by an attorney, the debt collector generally must stop contacting you and send all communications to your legal counsel.
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Respond to Your Debt Collection Lawsuit Quickly
If you were sued by Retailers National Bank, you may be feeling overwhelmed at the thought of going to court. This is understandable, but it is important not to throw your hands up in despair. If you are proactive and take some simple steps to respond to the lawsuit, there is a good chance you could wind up negotiating an out-of-court settlement or prevailing in court against the bank.
If you get served with a Summons and Complaint, it is critically important to not only respond to the legal action but to file your Answer with the court promptly.
You may be surprised to learn that simply responding to the Complaint will set you apart from the majority of people sued by banks and debt collection agencies. This is because one of the most common mistakes made by consumers is failing to respond to the Summons and Complaint. Whether you owe the debt or believe you are being sued by mistake, filing an Answer allows you to highlight some of the major deficiencies in the bank's lawsuit.
Failing to Respond to the Complaint Will Likely Mean a Default Judgment Against You
One of the main reasons you need to timely file an Answer to the Complaint is because failing to do so could enable Retailers National Bank to obtain a default judgment against you. If the Court enters a default judgment against you, the situation will only get worse. Why? Because a default judgment means that Retailers National Bank will be empowered to take the following actions:
- Garnish your wages;
- Take money from your bank account;
- Seize your personal property; and
- Collect attorney's fees and court costs.
Make Retailers National Bank Prove that They Filed the Lawsuit Within the Statute of Limitations
Many banks and debt collection agencies, including Retailers National Bank, assume the majority of consumers will not respond to the collections lawsuit. As a result, many debt collectors operate a volume practice where they file hundreds, or even thousands, of debt collection lawsuits based on the assumption they will secure a default judgment against consumers.
Given the significant number of lawsuits that are filed, there are many instances when the debt collection agency or bank neglects to take the time to confirm whether they can sue you for the debt. Bear in mind that if the applicable statute of limitations expired, the debt collector is generally barred from suing you on the debt. In most states, a debt collector only has a finite amount of time to sue you for an alleged delinquent debt.
If it turns out that the statute of limitations expired, you can raise it as an affirmative defense that could enable you to file a motion to dismiss the lawsuit entirely.
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What To Do When You're Sued by Retailers National Bank
Here is what you need to do if you are being hounded by a debt collector, or received a debt collection lawsuit filed by Retailers National Bank:
- If you do not recognize or have no idea why you are being pursued for the outstanding debt, be sure to file a formal dispute with the three major credit bureaus (i.e. Transunion, Equifax, and Experian).
- Take note of any phone calls received from the debt collector before 8:00 A.M. or after 9:00 P.M.
- Make sure to file your Answer to the Summons and Complaint promptly.
- In your Answer, make sure to raise affirmative defenses like the statute of limitations and demand that the debt collection company provide proof of the specific amount owed.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
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