Knowing that a debt collector is after you for money is a traumatizing thought. Unfortunately, a lot of people deal with that on a regular basis. Firstly, if you really owe money, it makes sense to pay the same. There are other options, such as bankruptcy, which may seem valid in some circumstances. When facing a debt collection lawsuit, the first thing you should do is respond, for which you may want to get legal help. Ignoring the lawsuit may go against you in many ways. The debt collector or creditor may end up getting a default judgment, which may even allow them to place a lien on your home or other properties. Before you take a major step, meeting a debt collection defense lawyer could be a good idea.
Understanding counterclaims
Yes, you could have a counterclaim against the creditor. The creditor may have hired a debt collector, who may have done something against the norms. The Fair Debt Collection Practices Act (FDCPA) doesn’t allow a debt collector to harass or threaten to inform your workplace or friends about the debt. They cannot also chase you all the time or make calls at odd hours. Filing a counterclaim doesn’t mean you don’t have to pay the debt you owe, but you could get a monetary judgment, which may ease your hassles.
Understanding defenses
Dealing with a debt collection lawsuit can be confusing. There are defenses available for different circumstances. For instance, you could state that the initial contract with the debt collector was null and void because of the terms & conditions. In some cases, you could have a case of mistaken identity, where the creditor has sued you because you share the same name or similar job profiles. In other situations, it could be about the passed deadline. A creditor cannot just file a debt collection lawsuit whenever they want. They are expected to adhere to the deadline.
An attorney can help
The best attorneys with experience in debt collection defense know what it takes to review a case. Even the top lawyers offer free consultations, and you can rely on them for advice and insights. If the lawyer finds that the debt collector engaged in foul play in any manner, they will pursue the claim accordingly. The creditor may have also filed the case in the wrong court. Talk to an attorney to know the best way to deal with your debt situation.
