A debt collection defense attorney is a lawyer you turn to when your credit card company files a lawsuit against you for your unpaid balance. While many people believe that they have to pay every penny claimed by their credit card companies in a collection matter, there are thousands of lawsuits that are successfully concluded with the debtor paying little to nothing of what is claimed in the lawsuit.

Our debt defense collection attorneys will be your advocates. We will help you get your lawsuit resolved and stand by you in the case, protecting your rights and taking the stress and burden of the lawsuit off your shoulders.

Debt Defense Lawyers

A debt defense lawyer helps defend consumers against third party debt collectors and original creditors that may be attempting to collect more than what the consumer’s balance was before default.  Consumers often end up paying more than what they actually owe or pay third party debt collectors when they may not actually owe them anything.

To give one example, you may owe Capital One a balance of $1,000.00, but they may file a lawsuit including interest, fees, and costs for $2,000.00. If Capital One files a debt collection lawsuit, our collection defense attorney could reduce the amount you pay in that action based on the inflated amount that is being collected.

If you are facing a lawsuit from a debt collector, our debt collection defense attorneys can help you by making sure that the creditors are asking for the right amount and that they actually have the right to collect.

Our Debt defense attorneys have represented consumers in thousands of collection cases. If you are being sued by a credit card company or a third party collection company, it is best to contact our debt defense lawyers to ask about your rights. Here are some examples of when our lawyers can help:

  • you have received a lawsuit from a credit card company or a creditor, like a retail store or finance company, and you are not sure if the amount they are asking is correct, or you don’t believe that you owe the debt;
  • you have received a lawsuit from a third-party collector (a collection agency or debt settlement company) and you are not sure if they have the right to collect the debt;
  • you have received a lawsuit and would like to resolve it prior to trial, but for less than what is claimed, or for payment terms that you can afford (preferably interest free).If you receive a lawsuit from a debt collector, our collection defense attorneys will help you dispute unlawful collection attempts or dispute any inflated amounts charged by your creditors. Some of our clients are surprised to find out that we can reduce the amount they ultimately pay in their lawsuit. We strongly encourage anybody that is facing a lawsuit from a collection company to call our firm to discuss their situation.

What a Collection Defense Attorney Can Do

A debt collection defense attorney can help to take the fear and intimidation out of the legal process and stand by your side to protect your rights. You may be scared by the legal and technical terms that the creditors use and decide to pay them out of fear or concern for ending up with a judgment, but not everything that collection companies say is 100% accurate. Many credit card companies, collection companies, and finance companies overcharge and miscalculate their fees, but consumers feel lost in the litigation process and wind up paying all that is demanded when they don’t have to.

If you are in a position where you are being sued by your credit card company or a collection company, our experienced collection defense lawyers will take legal action to protect your rights. We make sure that your credit card company or finance company follows the law when they are collecting debts and make sure that the amounts they are charging are not inflated or miscalculated.  We stand by your side and fight to get the best resolution possible without you enduring the stress of the lawsuit or dealing with the creditor’s attorneys.

Debt Validation 

There is a specific process called “debt validation” that debt collectors must follow in order to obtain the right to make the collection attempt. Our collection defense attorneys make sure that creditors comply with the law by properly validating the debt. When we see that a collection agency or creditor has not strictly complied with the law, we dispute their improper collection methods.

Our attorneys make sure that third-party collectors follow the law and use the correct process to collect on a debt. If the creditor did not properly follow the validation and collection process, they may not be able to collect on the debt, and they may be liable for penalties. In some cases, the acts are so egregious that the debtor has affirmative claims that help in settling the lawsuit brought by the creditor and sometimes eliminate the debt entirely.

We have been successful getting third party debt collectors’ cases dismissed when they cannot present evidence to the court on their right to collect on the debt.

Limits to Contacting Debtors

The Federal Debt Collection Practices Act (FDCPA) puts a limit on how the debt collector can contact the debtor. There are limits to how often they can contact the debtor and what they can say during the communication.

Some examples of illegal debt collection practices include 

  • Calling you too early in the morning or too late in the evening
  • Falsely claiming that you will be arrested
  • Making harassments such as using obscene or profane language
  • Constantly calling you
  • Impersonating as attorneys or government representatives
  • Misrepresenting the amount of debt that you owe

When collectors overstep their boundaries in how they contact you, they could be held liable for the damages they have caused to you. If creditors have engaged in illegal collection practices by resorting to threats and intimidation, this conduct could result in reducing or eliminating the debt owed entirely, in addition to additional damages.

Dealing with a Lawsuit from a Debt Collector or Creditor 

You must respond to a lawsuit from a creditor or debt collector, even if you think the lawsuit is false. Failing to answer the allegations can result in further problems that can allow the collector to collect your debt by levying on your bank accounts, garnishing your wages (in most states), putting a lien on your home, collecting attorney’s fees and court costs, and collecting interest. If you believe that the lawsuit they have filed is incorrect, you should respond in the form of an Answer to avoid further conflict. A Debt Collection Defense Attorney can prepare these answers and make sure your rights are protected in the lawsuit. 

The moment that you receive a lawsuit from a debt collector, it is best to call our debt defense lawyers. Time is of the essence with court deadlines. There is a short time to respond to a lawsuit, and the most important thing is to respond before the deadline. Otherwise there will be a default judgment entered, which basically means that nobody responded to the lawsuit and the debt collector will be declared the winner by default. You will have no chance to dispute the debt and the creditor will start collecting immediately.  While it is still possible for our debt collection defense attorneys to settle the judgment in a way favorable to you, it gets more and more difficult the longer you let it go – and sometimes, when they are garnishing your wages, the creditor or debt collector will no longer agree to any reduction or reasonable payment terms.

If you do owe the debt, you do not necessarily have to pay all of the debt owed. Our debt defense attorneys have significant experience working with the lawyers who represent credit card companies and other creditors. We are very experienced in presenting your situation to the creditor’s attorney and have gained a credible reputation among the creditor’s attorneys that enables us to obtain the best result available for you in resolving your case. 

Our debt defense attorneys and staff have been successful in getting creditors to drop the lawsuit based upon the debtor’s hardship. In other instances, we have reduced the amount that is paid in settlement considerably. If you need extended time to pay a settlement and can only afford small monthly payments, we will be able to get you the longest terms possible and payments that fit your budget. Nearly all of our settlements with payments over time have no continuing interest attached. What you settle for is what you pay. If you owe a substantial amount of debt, you should at least respond to the complaint to give you time to work out a settlement before a judgment is entered and collection efforts start.

We recommend that you call our team of debt defense lawyers for many reasons. The most common question asked by our clients is “how much will it cost to hire a lawyer?” In most cases, we charge a very reasonable flat fee, based upon the amount of the claimed debt.

Our Debt Collection Defense Attorney Can Help 

Debt collectors depend on the debtors not knowing what options they have when they receive letters that look threatening and receiving lawsuits. Many collectors prey on debtors being scared and not knowing about their options.  

Speaking with our debt collection defense attorneys is the first step in finding your best option when you receive a debt collection letter or lawsuit. We will go over your case to see how we can help you respond to the collection that can reduce or even eliminate the debt that the creditor is trying to collect.

We make the effort to give free advice to any person being sued by their debt collector, and even if you don’t have a case that we can take, we may be able to recommend other resources or strategies to defend the lawsuit.  

Call us today at (866) 356-1028 for your free consultation.