Creditors have several options when it comes to collecting debts, but one of the most intimidating for consumers is a collection lawsuit. Not coincidentally, collections lawsuits are also among the most effective collection efforts for creditors because a failure to respond or respond correctly could lead to a judgment against you, which means that you could find your wages being garnished, your savings being seized and liens placed against your property. Worse, the debt will continue to grow with interest. If you think a creditor is about to file a lawsuit or you have already been served, Strong Law Group can help.
Consumer Litigation: What to Expect
If the lawsuit has not yet been filed, you might still have other options. Some creditors will still be willing to negotiate a settlement, particularly if you can make a lump-sum payment. Bankruptcy might also be an option for some consumers. When you file bankruptcy, an automatic stay will protect you from further creditor actions, and the bankruptcy could either reorganize your debts or discharge many of them.
Once you receive the summons, you need to act quickly. A summons is an official court document that will explain your responsibilities as the defendant and what you need to do. The case will proceed whether or not you participate, so it’s in your best interest to participate. One of our attorneys can help protect your rights and ensure your interests are well-represented.
Defending Yourself from Consumer Litigation
When you’re sued by a creditor, you can defend yourself in several ways, including:
- Deceptive terms or improper advertising in the loan documents
- Improper or failure to credit loan payments
- Failure to serve the summons properly
- Filing past the statute of limitations
The collector must also have accurate information about the debt with documentation to back up the claim.
Strong Law Group
You’ve got several options when it comes to defending yourself from a collections lawsuit, but knowing which one can be complicated. Having an experienced consumer litigation attorney on your side can make a big difference when it comes to building your defense and going to the hearings. Contact our offices today to learn more about how we can help protect your rights or to schedule a free case evaluation.