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Some ways how a debt attorney can help you fight lawsuits

Are you being sued by your debt collector? Discover how an experienced debt attorney can challenge collection agency claims, demand documentation, and help you win in court.

By Loretta Kilday, Esq.Published: August 26, 20267 min read Legally Reviewed
Some ways how a debt attorney can help you fight lawsuits

Introduction

Are you being sued by your debt collector? If yes, then what are you thinking to do right now? Such problem is becoming quite common and is faced by the people of most of the countries these days. Jonathan Ginsberg, who is the bankruptcy attorney of Atlanta, has said that most of the debt collection agencies file several lawsuits in a day presuming that almost 99% of the defendants are not going to reply to them.

Though your debt may be legal, the extra costs that may result from a lawsuit can make it very difficult for you to sort out the matter. So, what are you going to do now if a collection agency has sued you? Read on to know how a debt attorney can help you fight lawsuit successfully.

Make sure you reply to the debt notice

If you've been sued for a debt, you should always reply to the notice. When you know that you have an outstanding debt but cannot afford to repay it, then you need to understand that there is nothing much you can actually do. In such a situation, it will be best for you to seek help of a debt attorney. Since he has several years of experience and deals with several debt cases of innumerable people regularly, he may help you solve your debt issues.

Critical Rule: Always Answer the Court Notice

Failing to reply guarantees a default judgment against you. An experienced debt attorney can file a formal Answer to protect your legal rights and open doors for negotiation or case dismissal.

Confront the lawsuit

A lot of times, credit card accounts are purchased for pennies on dollar by the collection agencies. These agencies file lawsuits against the debtors to retrieve payments. Debt attorneys ask the collection agencies to prove the authenticity of debt. They ask the collection agencies to provide evidence they've the legal right to collect the debt. If they can't show the proper documents, then the debt attorney will request the judge to dismiss the case.

Provide evidence how much you owe

Jonathan Ginsberg has said that the original contract and a balance from zero to the present in your account is in demand always. Apart from this, the documents of the debt collector will not be sufficient. Your outstanding debts may have exchanged hands several times before they have been purchased by the present collection agency. Your original creditor may also not have the correct documents of your outstanding debts. Thus, your debt attorney can help you out so that you may not have to deal with such situations on your own.

May offer you free consultation

Most of the debtors feel shy to appoint an attorney when they're sued for a debt that they owe. The debt attorneys who take such cases on a daily basis will usually provide a free consultation. They may also represent a consumer free of cost in case they find that the debt collector has violated the law. This is because the debt attorney expects that he'll collect the fees from the plaintiff. If required, you can call up your lawyer or send him email to get some kind of advice.

Try to raise the statute of limitations

The creditors usually have the maximum time of 4-6 years in most of the states for collecting a debt. After that, the statute of limitation will expire. However, this may not stop the creditors from suing since they are just waiting for the borrowers who will not turn up in the court. In case the statute of limitation period has ended and the borrower raises it as a security, then the creditor may lose the case. But paying an old debt may not be that easy. So, a debtor should seek legal advice before making payment on an old debt.

Thus, if you are struggling to pay off your outstanding debts, you can get the help from a debt attorney. Make sure you have a good understanding with your attorney so that he can help you fight lawsuit. If you want, you may seek help of the lawyers of oak view law group.

Conclusion & Strategic Summary

By replying to court notices on time, demanding original account contracts, raising statute of limitations defenses, and seeking legal representation, you can prevent debt collectors from taking advantage of you and defend your rights in court.

The Bottom Line

Always reply to debt lawsuit notices, demand proof of debt authenticity and original contract documentation, raise the statute of limitations defense, and take advantage of free consultations with experienced debt attorneys.

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Loretta Kilday, Esq.

Loretta Kilday, Esq.

Debt Relief Specialist & Spokesperson, DebtCC

Loretta Kilday, Esq., is an accomplished litigator and transactional attorney with more than 30 years of experience across consumer debt collection, bankruptcy, and credit law. She serves as spokesperson for DebtConsolidationCare.com.