Sarah Edwards | June 19, 2023
Edited by Hannah Locklear
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 stop making payments on your Old Navy credit card, Old Navy may take action against you by filing a debt lawsuit. It’s your responsibility to respond, and SoloSuit can help you draft and file an Answer to the lawsuit in minutes.
Old Navy is a value shopper’s dream. It offers clothing for the entire family that’s of decent quality at low prices. Many customers turn to Old Navy for their favorite jeans, sweatshirts, and other attire. Loyal customers obtain an Old Navy credit card, which they can use in-store and at partner retailers, including Gap, Banana Republic, and Athleta.
However, all relationships can turn sour — even with a seemingly innocuous store like Old Navy. If you fall behind on your Old Navy credit card payments, you may be the subject of a debt lawsuit, something you probably don’t want.
Luckily, there are ways to respond to the suit and avoid going to court. Keep reading to learn more.
You had good intentions when you first signed up for an Old Navy card. You benefitted from a sizeable discount on your first purchase and gained access to regular coupons throughout the year. However, you stopped making payments at some point, and things went awry.
Perhaps you lost your job, developed a severe medical condition, or got caught up in too much debt. Whatever the cause, Old Navy grew tired of your lack of payments and decided to sue.
If Old Navy is successful in its lawsuit against you, the court will award a judgment in their favor. A judgment will allow Old Navy to garnish your wages or freeze your bank account, and it will remain in place until you fully satisfy the debt.
You don’t want a judgment. Judgments are a matter of public record and can negatively impact your ability to qualify for future loans or jobs. If Old Navy garnishes your wages, you may find it difficult to pay your other bills, like rent or a car payment.
You’ll need to do a few things to protect yourself in an Old Navy lawsuit. The first is filing an Answer to Old Navy’s Complaint.
An Answer is your legal response to Old Navy’s debt lawsuit. In it, you’ll confirm receipt of the Complaint and indicate your defenses. Even if you know you owe the debt, providing a plausible justification for your case is best. A defense will halt any efforts from Old Navy to ask for a Summary Judgment from the judge.
A judge will grant a Summary Judgment if you don’t attempt to defend yourself. Providing an Answer ensures that the judge can’t issue a Summary Judgment. You can defend yourself in court if you can’t resolve the matter before your court date.
Prepare your Answer to Old Navy with the aid of SoloSuit’s Debt Answer.
There are numerous defenses you can use in your Answer. For instance, you may argue that the amount of the debt lawsuit doesn’t reflect your actual account balance or that the debt is past your state’s statute of limitations. If you are the victim of identity theft and the debt isn’t yours, you should say so in your Answer.
You’ll want to remain truthful in your Answer. An Answer is a legal document, and if you spout falsehoods, the judge is unlikely to hold you in high regard. However, there are multiple defenses to a debt lawsuit, so you will likely find one that applies to your case.
If you legitimately owe the debt to Old Navy, paying it back in full before your court date is best. A complete repayment stops any further legal activity on the case since there’s nothing left for Old Navy to sue you for.
A complete repayment should include any court costs Old Navy incurred. If you have the means to repay Old Navy, this is your best option. Keep a record of your repayment and ask Old Navy to provide a written receipt of your repaid amount. You should also ask that it officially drops the lawsuit and gives you written confirmation once it does.
After you repay your debt, Old Navy will report your account paid in full to the credit reporting agencies. Paying off your debt entirely looks more favorable to future creditors than a judgment or settlement will.
Another option for resolving your case before your court date is a settlement. In a debt settlement, you offer Old Navy a portion of the outstanding debt and ask if it will accept it, stop legal proceedings against you, and agree to release you from the remainder of the obligation.
Settling the debt is advantageous if you don’t have the financial means to repay Old Navy before your court date. You’ll avoid a judgment while also saving money.
To begin the process, you’ll need to determine how much you can offer Old Navy in a settlement. The most successful settlements equal at least 60% of the debt’s value. Check your savings to determine whether you can come up with that amount. If it’s not possible, consider asking a trusted family member or friend for financial assistance.
Let’s consider an example.
Example: Old Navy is suing Henry for a $1000 debt he owes on his credit card. Henry can’t come up with $1000 to repay Old Navy before his court date, but he can afford $650. Henry uses SoloSettle to negotiate a debt settlement. After a few rounds of negotiations, Old Navy settles for $500.
After Henry sends Old Navy the money, it drops the case against Henry and reports his account settled to the credit reporting agencies.
Watch the following video to learn how to settle an Old Navy debt settlement lawsuit:
If Old Navy is suing you for unpaid debt, the worst thing you can do is ignore it. Instead, respond to Old Navy’s Complaint with an Answer. Next, you’ll decide whether to repay the debt or offer a settlement.
Remember, if you don’t take action, Old Navy will likely obtain a judgment against you, which can negatively impact your credit and result in wage garnishment.
Do you need help settling your Old Navy debt? Try SoloSettle.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
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Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
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