How to Beat Target National Bank in a Debt Collection Lawsuit
George Simons | December 06, 2023
Co-Founder of SoloSuit George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: If you've been sued for a debt by Target National Bank, use SoloSuit to respond in just 15 minutes and win your lawsuit.
Getting sued can be scary. But, just take a breath and remember that you do not have to take a debt collection lawsuit lying down. If you have received a lawsuit from Target National Bank, you should not ignore it in the hopes that it will go away. That is a recipe for disaster and could be worse for your credit and your financial future. Rather, you should read on and learn how you can effectively respond to the lawsuit, and maybe even get it dismissed entirely!
At SoloSuit, we have helped many individual credit card holders fight back against a debt collection lawsuit, and we can do the same for you. Accordingly, in this article, we will talk about who Target National Bank is, and then we will give you tips on how to beat them in court.
If, after reading this article, you have more questions about your own individual circumstances, then contact us at SoloSuit. Our mission is to give consumers the tools they need to push back against credit card companies like Target National Bank that aggressively pursue credit card holders who may owe a debt.
Target National Bank was founded in 1994 when it was called Retailers National Bank. It became Target National Bank in 2004. The company was the primary issuer and servicer for the Target Red Card (the credit card for Target stores), and the Target Card Visa (a standard Visa rewards card with the Target logo).
Importantly, in 2013, TD Bank USA acquired Target National Bank. That is significant because TD Bank USA has a reputation for aggressively pursuing debtors with debt collection lawsuits, among other black marks in its past. To name a few issues, TD Bank USA was slow to tell its customers about a major breach of customer data back in 2012.
Further, in 2015, TD Bank USA was sued in a class action in which the members of the class accused the company of engaging in illegal harassment of debtors in an effort to collect on debts. Finally, in 2016, TD Bank USA was sued for skimming pennies from every customer who used one of its coin counting machines, called Penny Arcades. Even though the company only skimmed a few pennies from every customer, it resulted in $9 million in ill-gotten gains.
In short, even if Target National Bank is the plaintiff named in the lawsuit against you, TD Bank USA is typically the company behind the lawsuit. Because of TD Bank's history of unscrupulous practices, you need to make sure you fight back.
You need to remember that a complaint filed against you is not a finding of guilt, or a statement that you definitely owe the amount stated in the complaint. Rather, a complaint is merely a way to kick off a lawsuit. Once you receive that opening volley, the ball is in your court, and you should respond. Here are the three things you need to keep in mind in order to respond:
You Need to File an “Answer.” The response to any complaint is a document called an “answer.” The answer does not need to be long, and it certainly is not a place where you write a long narrative about whether you owe the money, or that you are in dire financial straits. Rather, the answer is where you indicate whether you “admit” or “deny” each of the numbered paragraphs in complaint, that's it. Also, make sure that you file your answer before the deadline, which is usually 10 to 30 days depending upon your state. If you do not answer in time, Target National (or TD Bank USA) will obtain a default judgment against you, which means it can seek to garnish your wages or do other intrusive things.
Ask Them to Prove Their Case. It is not uncommon to have a case of mistaken identity when it comes to debt collection lawsuits. And even if you believe that you owe some money to Target National Bank, it is not uncommon for debt collectors to overreach and sue for an amount that they cannot prove. Indeed, many times, debt collectors are not able to provide the necessary documentation to prove their case. By answering the lawsuit and asking for that necessary documentation, you can take advantage of Target National's lack of preparation.
Did They File Too Late? One thing to always keep in mind with debt collection lawsuits is whether the statute of limitations -- the time period when a debt collector can sue -- has run out. The limitations period varies from state to state, but you would be wise to list a violation of the statute of limitations as one of your “affirmative defenses” in your answer.
The key in your response to Target National Bank is to keep in mind that companies like Target National Bank know that 90% of the consumers they sue never show up to court. Thus, when you answer the lawsuit, showing that you are ready to go to court, Target National Bank may fold like a cheap suit and either fail to provide documentation to prove their case, or fail to show up at all. Consequently, you win!
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.
Respond with SoloSuit
"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
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