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.
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.
With proper help you can
- Lower your monthly payments
- Reduce credit card interest rates
- Waive late fees
- Reduce collection calls
- Avoid bankruptcy
- Have only one monthly payment