How to Beat Target National Bank in a Debt Collection Lawsuit (2024)

George Simons | December 06, 2023

How to Beat Target National Bank in a Debt Collection Lawsuit (1)

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.

Edited by Hannah Locklear

How to Beat Target National Bank in a Debt Collection Lawsuit (2)

Editor at SoloSuit
Hannah Locklear, BA

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.

How to Beat Target National Bank in a Debt Collection Lawsuit (3)

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 circ*mstances, 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.

SoloSuit makes it easy to win a debt collection lawsuit.

What is Target National Bank?

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.

SoloSuit files for you.

How Can You Beat Target National Bank In Court?

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:

  1. 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.
  2. 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.
  3. 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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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

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

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

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.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

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.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

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.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


It only takes 15 minutes.
And 50% of our customers' cases have been dismissed in the past.

"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather

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How to Beat Target National Bank in a Debt Collection Lawsuit (2024)

FAQs

What happens when Target sues you? ›

If you don't pay what you owe and a lawsuit ends with your creditor getting a judgment or default judgment, then they will have more power to take collection action against you. A judgment creditor can levy bank accounts, get a wage garnishment, or put a lien on your property.

How to draft an answer to a debt collection lawsuit? ›

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.

How do I defend myself in a debt lawsuit? ›

Defenses you can use in a debt lawsuit
  1. Defense: Running the statute of limitations. The plaintiff must file a lawsuit within a set amount of time. ...
  2. Breach of contract by Plaintiff. ...
  3. No breach by Defendant. ...
  4. Discharge by bankruptcy. ...
  5. Statute of frauds. ...
  6. Satisfaction. ...
  7. Cancelation of contract. ...
  8. Lack of Consideration.

How do you win against a debt collector? ›

Here are five ways you can win your debt collection lawsuit:
  1. Respond to the lawsuit.
  2. Make the debt collector prove their case.
  3. Use the statute of limitations as a defense.
  4. File a Motion to Compel Arbitration.
  5. Negotiate a settlement offer.
Dec 20, 2023

Does Target always prosecute? ›

As it turns out, alongside their forensic team and top-of-the-line, in-store facial recognition technology, Target is known for actually letting shoplifters get away with their bounty… up until they reach the monetary threshold for a felony shoplifting charge.

Can you dispute a debt if it was sold to a collection agency? ›

Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.

What is the best thing to say when dispute a collection? ›

I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Please verify the debt as required by the Fair Debt Collection Practices Act. I am disputing this debt because I do not owe it. Because I am disputing this debt, you should not report it to the credit reporting agencies.

How do I make a settlement offer to a collection agency? ›

Whether you decide to negotiate a debt settlement on your own or through a debt relief company, there are six basic steps to negotiating a debt settlement.
  1. Verify the debt. ...
  2. Decide how much you can pay. ...
  3. Contact the creditor. ...
  4. Complete the deal in writing. ...
  5. Make your payment. ...
  6. Follow up with the credit bureaus.
Jun 20, 2024

How do you negotiate a debt collection settlement letter? ›

When writing the letter, explain your current financial situation and how much you're willing to pay given your current resources. Also, clearly describe what you expect the creditor to do for you in return for making payment. This can include removing the account or any missed payments from your credit file.

How can I settle my debt without paying? ›

Outside of bankruptcy or debt settlement, there are really no other ways to completely wipe away credit card debt without paying. Making minimum payments and slowly chipping away at the balance is the norm for most people in debt, and that may be the best option in many situations.

What happens if a credit card company sues you and you can't pay? ›

You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.

How to challenge a debt claim? ›

Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.

What not to say to a debt collector? ›

Protecting the Rights of Consumers For Over 25 Years
  • Don't Admit the Debt.
  • Don't provide bank account information or other personal information.
  • Document any agreements you reach with the debt collector.
May 29, 2024

What's the worst a debt collector can do? ›

Debt collectors are limited on when they can call you — typically, between 8 a.m. and 9 p.m. They are not allowed to call you at work. They can't lie or harass you. Debt collectors can't make you pay more than you owe or threaten you with arrest, jail time, property liens or wage garnishment if you don't pay.

How do you scare debt collectors? ›

9 Ways to Turn the Tables on Debt Collectors
  1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
  2. Check Them Out. ...
  3. Dump it Back in Their Lap. ...
  4. Stick to Business. ...
  5. Show Them the Money. ...
  6. Ask to Speak to a Supervisor. ...
  7. Call Their Bluff. ...
  8. Tell Them to Take a Hike.
Mar 26, 2013

How does Target go after shoplifters? ›

Target has relationships with the local police department who respond right away when called about someone suspected of shoplifting. Once the case is processed by the police, it is sent to a criminal court where the penalties may include jail, fines and community service or probation.

What happens when a credit card company sues you and you have no money? ›

You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.

What was the outcome of the Target lawsuit? ›

Outcome: $5,000,000.00 Settlement

Represented by class counsel Tycko & Zavareei LLP, Plaintiff Walters argued that Target breached its debit card agreement and engaged in deceptive practices by improperly processing transactions and charging RPFs when consumers' linked bank accounts had insufficient funds.

How much is the Target pricing settlement? ›

Target Corp. has agreed to pay $5 million to settle a California lawsuit alleging the retail chain changed prices on its mobile app after customers entered stores and charged them more than advertised.

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