If you are being sued by a creditor we can help.
There are many state and federal laws in place to protect consumers from creditors. The fact that you may owe a debt does not mean that we cannot enforce these rights. If your creditor can not prove you owe a debt, then you should not have to pay them, and the burden is on them provide sufficient proof. We understand these laws and will use them to force the creditor to furnish documentary evidence of and relevant business records proving that you owe the debt. A proper legal defense can lead to a complete dismissal of a consumer debt or lawsuit, or favorable settlement terms.
Many consumers debt lawsuits are filed by third-party debt buyers, who buy the debt from the original creditor for pennies on the dollar. When creditors are selling debt at such a low price, generally, debt buyers receive little or no substantive documentation about the debts they purchase. Rarely do they have evidence that the consumer a owes the debt. A proper defense against a debt buyer lawsuit will usually result in an outright dismissal.
Even original creditors must provide satisfactory evidence that a consumer owes the debt. While it should be easier for an original creditor to furnish this proof often times, they do not keep good business records, or don’t take the time to put the case together properly. Plaintiffs’ firms know that most defendants do not answer a complaint when being sued by a creditor and there for t may not be cost effective to take the time to cross all their T’s and dot all their I’s when preparing their case. While defending against an original creditor case is not as likely to result in a complete dismissal, it can create enough leverage to negotiate a favorable settlement and avoid a judgement.
Unfortunately, most people do nothing to defend debt collection lawsuits because they falsely think that nothing can be done to stop the creditor or that they cannot afford an attorney. But there are many defenses to these lawsuits, and it might be cheaper to pay an attorney to defend the lawsuit than to let a large debt become a judgment. Creditors know that most of the cases they file will not be responded to, and they will likely win a default judgement against the borrower and a judgment can have lasting consequences for consumers’ financial stability. Once a judgement is entered it can be used against you for twenty years, and your personal property and money, including a portion of your paycheck and/or bank account, may be taken from you. Over the long term, the consequences of a judgement can impede people’s ability to secure housing, auto loans, credit, and employment.
If you are facing debt collection and want to discuss defending these lawsuits, contact us immediately so we can discuss your options.
