Credit Card Debt DEFENSE AND GARNISHMENT Defense
Are you drowning in debt? Are aggressive debt collectors snapping at your heels? If this is the case, then you are not alone. Americans are constantly bombarded with inflated bills and payments including mortgage payments, automobile payments, insurance payments, telephone bills, etc. The sad consequence of this is that millions of Americans resort to credit cards to make ends meet and quickly accrue a substantial debt they have no means of paying back. Moreover, the ramifications of credit card debt and unhealthy debt management takes an emotional toll on people causing undue stress and anxiety. This does not have to be the case.
Overzealous debt collectors hoping to collect added interest on substantial outstanding debts target these same people. While not every debt collection agency practices shady means of collection, a substantial few break the law when attempting to collect a debt. If you are ever harassed in any way by a credit card debt collection agent or agency, you are able to seek damages for their transgressions.
Are you being sued for credit card debt, AUTO LOAN OR STUDENT LOAN?
Another practicality people with outstanding debt face is being sued by their creditor. While not common practice, creditors can sue to collect an outstanding debt. Typically, creditors will only resort to a lawsuit if the debt is substantial. However, sometimes, a creditor will resort to deceptive means in attempt to collect the credit debt. As a consumer law firm focusing on Debt Defense, we can help you mount an aggressive defense and pursue grounds for case dismissals and substantial discounts on your debt for you.
IT IS POSSIBLE TO BEAT A CREDIT CARD OR DEBT COLLECTOR LAWSUIT
Don’t ignore a collector lawsuit!!! Throughout the state collectors are filing thousands of suits against debtors. The collector is either the original creditor or a debt buyer. The distinction is very important.
DEBT BUYER LAWSUIT
A debt buyer is a company that purchases debt from the original creditor – the original company that provided you with credit. Debt buyers often can’t prove their case. To determine this, a skilled attorney will pose questions to the debt buyer during the process called the discovery period. The debt buyer’s responses will indicate whether the collector can meet each element of his case. Very often they cannot!!!
A skilled attorney can sometimes get a debt buyer’s case dismissed without the client having to pay a nickel to the collector. Dismissal of a debt buyer case is a possible outcome no matter if you owe $1,000.00 or $50,000.00 so it is best to hire an attorney that will vigorously defend and pursue dismissal of the case.
ORIGINAL CREDITOR LAWSUIT
Original creditors like Citibank, American Express and Discover are becoming more aggressive with debtors by filing suit. Very often you won’t even be warned that you are being sued and before you know it you are being served at home or at work.
In order for the original creditor like Citibank to prevail on his breach of contract action, it must have evidence of a signed agreement between the creditor and the debtor. Often there are amendments to the agreement and interest increases to the original agreement and these must be produced as well.
DO YOU NEED A JUDGMENT VACATED?
You may have valid reasons why a judgment should be vacated. We have fought to vacate numerous judgments where the law was not properly followed by the plaintiff or the presiding judge. Contact us today if you believe a judgment was wrongfully entered against you.
If you have received a notice in the mail that your wages have been garnished or that your bank account has been frozen, contact us immediately. It's possible you may not even find out until you get your paycheck and find an amount withheld (up to 25%), or when trying to withdraw money from the ATM. You have rights. Contact us today to help you fight the garnishment action.
We charge a flat rate for handling credit card lawsuits in small claims court (< $5,000) and county court ($5,000 - $15,000). These rates do not include possible costs such as court reporter and transcript fees. Your consent will be obtained prior to incurring those costs. Contact us for rates on circuit court cases.
You can fill out the form below, but if you have a court date coming up soon, call us immediately!