George Simons
March 31, 2021
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.
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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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:
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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.
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:
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.
Use SoloSuit to respond to debt collectors and win in court.
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:
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.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
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