What to Do If You're Sued by Retailers National Bank ZumaZip.com

April 29, 2024

What to Do If You’re Sued by Retailers National Bank

Facing a lawsuit from Retailers National Bank, formerly known as Target National Bank, regarding a Target credit card debt may seem overwhelming, but it’s essential to remember your legal rights and options. If you’re confronted with a debt collection lawsuit from Retailers National Bank, you can take proactive steps to defend yourself effectively.

Why Retailers National Bank Filed a Debt Collection Lawsuit Against You

If you’ve received a debt collection lawsuit from a representative of Retailers National Bank, formerly known as Target National Bank, it’s natural to wonder about the institution’s background. Established in 1994, Retailers National Bank later became known as Target National Bank in 2004, reflecting its close ties to the national retail chain, Target. As the primary issuer and servicer of Target’s “Red Card” and Target’s Visa credit card, the bank played a significant role in managing customer accounts.

However, it’s important to note that in 2013, Target National Bank was acquired by TD Bank USA. Consequently, if you’re facing a debt collection lawsuit, you might see “TD Bank USA” listed as the plaintiff, even if the debt is related to an account previously held with Retailers National Bank or Target National Bank.

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You Have Legal Rights Under the Fair Debt Collection Practices Act

Retailers National Bank, along with its subsequent corporate identities like Target National Bank and TD Bank USA, has faced criticism for its debt collection practices. Numerous complaints lodged with the Better Business Bureau (BBB) have accused the bank of violating the Fair Debt Collection Practices Act. These complaints highlight concerns about the bank’s treatment of consumers facing delinquent debts.

Understanding your rights under the Fair Debt Collection Practices Act (FDCPA) is crucial if you’re dealing with harassing phone calls and correspondence from debt collectors. The FDCPA provides important protections to consumers, outlining what debt collectors and agencies can and cannot do when attempting to collect a debt. Here are some key consumer protections established by 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

It’s completely natural to feel overwhelmed when faced with a lawsuit from Retailers National Bank, but don’t lose hope just yet. Taking proactive steps to respond to the lawsuit can greatly improve your chances of reaching a favorable outcome, whether through negotiation or in court.

When you receive a Summons and Complaint, it’s crucial not to delay in responding. Filing your Answer with the court promptly is key to protecting your rights and interests in the legal proceedings.

You might be surprised to learn that simply responding to the Complaint puts you ahead of many others in a similar situation. One of the most common mistakes made by defendants is failing to respond to the Summons and Complaint at all. Regardless of whether you acknowledge the debt or believe there’s been a mistake, filing an Answer allows you to address any shortcomings in the bank’s case and present your side of the story.

Failing to Respond to the Complaint Will Likely Mean a Default Judgment Against You

Failing to file an Answer to the Complaint in a timely manner could result in Retailers National Bank obtaining a default judgment against you, which can exacerbate the situation significantly. A default judgment grants the bank certain powers, including:

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, like Retailers National Bank, often anticipate that most consumers will not respond to debt collection lawsuits. This assumption leads them to file numerous lawsuits with the expectation of obtaining default judgments.

Given the high volume of lawsuits, these entities sometimes overlook verifying whether they can legally sue you for the debt. It’s crucial to note that if the statute of limitations has expired, the debt collector is typically prohibited from suing you. Each state sets a specific time limit within which a creditor can file a lawsuit for a delinquent debt.

If it’s determined that the statute of limitations has passed, you can assert it as an affirmative defense. This defense may allow 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 ZumaZip?

ZumaZip is a convenient solution designed to streamline your response to a debt collection lawsuit. Here’s a breakdown of what you can expect when you use ZumaZip:

Firstly, you’ll access our user-friendly web application, which guides you through the process step by step. You’ll be prompted to answer a series of questions related to your specific situation. Once you’ve completed the questionnaire, you have the option to either print out the finalized forms and mail them to the appropriate courts yourself, or you can opt to utilize ZumaZip’s services to file them on your behalf. Additionally, if you choose this option, an attorney will review your document for added peace of mind.

If you’re seeking guidance on how to effectively respond to a debt collection lawsuit, ZumaZip can provide the assistance you need. Feel free to explore our FAQs for more information on what ZumaZip has to offer.

What if I haven’t been sued yet?

If you’ve only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it’s by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can’t call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Get started with a Debt Validation Letter here.

How to Answer a Summons for debt collection in all 50 states

Here’s a list of guides on how to respond to a debt collection lawsuit in each state:

Guides on how to beat every debt collector

Hey there! Facing off against a debt collector can feel like a daunting challenge, but fear not! We’re here to help you navigate through it all with our handy guides designed to assist you in beating every debt collector you encounter. Whether you’re facing a new lawsuit or dealing with a persistent collector, we’ve got your back. Stay positive, stay informed, and let’s tackle this together!

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Guides on Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Federal Debt Collection Laws Can Protect You

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Resolve Your Debt with Your Creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, ZumaZip can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Check the Status of Your Court Case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.