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Home Directory Major Case Successes Law Blog

DEBT COLLECTION LAWSUIT DEFENSE

      As collection lawyers, our firm is uniquely qualified to represent people when they are sued for past due obligations such as bank loans or credit card debt. We know how creditors think and how to negotiate a settlement.

Frequently, our clients in this arena fall into two categories:

  • Those who need a payment plan. Sometimes, people refuse to pay a debt because they have a legitimate objection to the balance due. This happens frequently in construction cases and retail debts. The consumer is simply unhappy with the goods or services rendered and rightfully refuses to pay the bill. However, the usual reason why someone gets sued for a debt, it is because he does not have the money to pay the obligation.

    If you get sued, we can help you through this process by working out a payment plan with the Plaintiff. By working out a settlement with your creditor, you can control the monthly payment and avoid the problems of a judgment, Garnishment or even a Writ of Seizure. Once a creditor obtains a judgment against you, it is far more difficult to negotiate a settlement.

  • Those who are being sued for old purchased debt. We usually do not sue on accounts that are based upon purchased debt. In our opinion, suing on this sort of paper is bad business because it’s easy to defend. If you get sued by a debt purchaser, we can defend against it and in many instances, get the case dismissed. Debt purchasers hate to go to court with these claims because the original creditor is usually in a different part of the country and will absolutely not send a witness to trial to testify to support the debt purchaser. Moreover, even before trial, we routinely ask the court to allow us discovery of the Plaintiff’s evidence. After we ask the right questions and demand production of the right documents, we usually either get the case dismissed or get it settled for a very small sum. As collection lawyers, we know the weaknesses of collecting on purchased debt and exploit them for our clients.

    If you get served with a summons and complaint, call or email Gary Nitzkin, immediately. You only have 21 days from the date that you were served to respond to the complaint. If you do not respond to the complaint on time, the court will enter a default judgment against you without any hearing or court date. We usually work these cases on a flat fee basis so it is cost effective for you to have the best professional representation possible.


 
collection lawsuit defense