for debt collection do i get a lawyer where i am or back in the county they're suing me in

You can: Contact a lawyer referral service in your area and ask for an attorney with experience in consumer law, debt collection defense, or the Fair Debt Collection Practices Act (FDCPA). You may be able to find lawyer referrals in your area by checking the American Bar Association website or your state bar association.

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Where can I find a lawyer to sue a debt collector?

Jan 25, 2017 · Contact a lawyer referral service in your area and ask for an attorney with experience in consumer law, debt collection defense, or the Fair Debt Collection Practices Act (FDCPA). You may be able to find lawyer referrals in your area by checking the American Bar Association website or your state bar association.

What happens if you respond to a debt collection agency lawsuit?

Dec 10, 2020 · Most debt collection cases don’t get to trial; they settle, or the collector gets a default or summary judgment. Most collectors win their cases by default, without ever having to go to court. If you do go to trial, you—or your attorney, if you hire one—will have to present your case according to specific rules of procedure and evidence.

Do I need a lawyer for a debt collection motion?

Do I need a lawyer to settle my debt?

What is the best way to settle a debt with a collection agency?

What debt collectors Cannot do?

What is the statute of limitations for debt collection in California?

What will most debt collectors settle for?

What should you not say to debt collectors?

Can debt collectors take you to court?

How long can a creditor sue you for a debt in California?

Can you go to jail for debt in California?

Can collection agencies sue you?

What is the lowest a debt collector will settle for?

How much should I pay to settle a debt?

How do you get out of collections without paying?

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

Do debt collectors go to trial?

Most debt collection cases don’t get to trial; they settle, or the collector gets a default or summary judgment. Most collectors win their cases by default, without ever having to go to court. If you do go to trial, you—or your attorney, if you hire one—will have to present your case according to specific rules of procedure and evidence. At the end of the trial, the judge (or jury, if applicable) will make a decision. The judge or jury’s decision is then entered in the court records as a judgment, and it becomes official. (To learn about how the collector can use a judgment against you, read Types of Debt and Debt Collection Practices .)

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

What happens when a collector files a small claims lawsuit?

If the collector files its lawsuit in small claims court, you'll probably first get notification about the suit. Then, the parties go to court for a trial in front of a magistrate or other judicial officer. Typically, a written answer is optional and rules of evidence are inapplicable.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

What to do if you don't have money?

Even if you don’t have a lot of money available, it's a good idea to talk to a lawyer who can point out defenses or legal violations that you didn’t notice. Usually, it’s best to answer the suit. Also, if you have some money available, you might want to consider settling the debt.

What happens if a debt collector violates your rights?

If a debt collector violates your rights under this federal law, you have the right to sue that collector. If you win your suit, you're entitled to recover damages (money) for any injuries, up to $1,000 in additional damages, and attorneys' fees. Some state debt collection laws mirror the FDCPA, and some offer more protection to consumers.

Can debt collectors use FDCPA?

Debt collectors know that an FDCPA lawsuit can be expensive to defend and could result in a judgment against them. So, you might be able to use FDCPA violations as leverage in debt negotiations. A lawyer can analyze your evidence and let you know how much leverage you have, and help you negotiate settlements if you need assistance.

How to find a lawyer?

Here are some potential ways to find a lawyer, discussed in more detail below: 1 asking for a personal referral 2 going to the National Association of Consumer Advocates website 3 looking into legal aid services 4 using a lawyer directory, and 5 contacting a Bar Association lawyer referral service.

What is the FDCPA?

The federal Fair Debt Collection Practices Act (FDCPA) makes some collection tactics that debt collectors often use—like using profane language or threatening you—illegal. If a debt collector violates your rights under this federal law, you have the right to sue that collector. If you win your suit, you're entitled to recover damages (money) ...

Do lawyers win lawsuits?

People who're represented by a lawyer are much more likely to win a lawsuit. An experienced and skilled lawyer can help you navigate the court rules and advise you about your various options. And, lawyers do more than just handle lawsuits.

What can a lawyer do?

An experienced and skilled lawyer can help you navigate the court rules and advise you about your various options. And, lawyers do more than just handle lawsuits. They can offer strategic advice and apply sophisticated technical skills to legal problems.

Is a debt of $600 taxable?

The IRS generally considers canceled debt of $600 or more as taxable, and settling debts for less than what's owed can increase your tax liability depending on your tax bracket and the canceled amount. Consult a tax professional for more information.

What a Debt Collection lawyer can do for you

If you have sued someone successfully and still are awaiting payment, you may require the services of a debt collection attorney. There are different debt collection regulations and procedures that a debt collection lawyer can use to most effectively get your money.

Why hire a Debt collection attorney

If you are part of a legal case involving debt collection, you may want to hire a debt collection attorney. A lawyer with experience in debt collection can help fight for your rights as a consumer, defending you against a debt collector or creditor.

Did you know?

According to WebRecon, a record breaking 12,000 debt collection lawsuits are expected to be filed in 2010, up from 9,300 in 2009 and 4,400 in 2007.

How to collect a judgment?

Judgments give debt collectors much stronger tools to collect the debt from you. Depending on your situation and your state’s laws, the creditor may be able to: 1 Garnish your wages 2 Place a lien against your property 3 Move to freeze or garnish all or part of the funds in your bank account

What happens if you don't respond to a lawsuit?

If you don’t respond, the court will likely issue a judgment against you as requested in the lawsuit. Warning: While you must be properly “served” with a lawsuit, you won’t be able to stop the lawsuit by refusing to accept delivery or “service” of the lawsuit.

When will debt collectors have to give notice of eviction moratorium?

All debt collectors must follow the Fair Debt Collection Practices Act (FDCPA). This can include lawyers who collect rent for landlords. Starting on May 3, 2021, a debt collector may be required to give you notice about the federal CDC eviction moratorium.

What happens if you ignore a court order?

If you ignore a court action, it's likely that a judgment will be entered against you for the amount the creditor or debt collector claims you owe. Often the court also will award additional fees against you to cover collections costs, interest, and attorney fees.

Can a judgment be changed?

A judgment is a court order. Only the court can change it. It's very difficult to get a judgment changed or set aside once the case is over. You have a much better chance to fight a collection in court if you defend the case than if you wait until a judgment is entered against you.

What is a judgment in a court case?

A judgment is a court order.

What to do if you hire a lawyer to defend a collection suit?

If you decide to hire the attorney to defend the collection suit, be sure that you sign a retainer agreement. The retainer agreement is a contract that governs your employment relationship with the attorney and should spell out at a minimum the details of the fee arrangement you negotiated.

What happens if you don't respond to a collection lawsuit?

The summons attached to the complaint will tell you the deadline for your response. If you don't respond, the court could enter a judgment against you. (Learn more about receiving and responding to a collection lawsuit .)

How do attorneys charge?

How an attorney charges for services can have a big effect on the cost. Most attorneys will charge for their services in one of three ways: 1 A flat fee, no matter how much time it takes or how the suit is resolved. 2 By the hour, often with a cap to ensure that you do not pay the attorney more than the lawsuit is worth 3 By the result. Usually this fee is based on how much the attorney saves you in the long run. For instance, an attorney may agree to a fee of one third of the difference between the amount of the debt and the settlement amount. If you are sued for $10,000, and settle for $4,000, the attorney will get one third of the difference, or $2,000.

How much is a retainer?

The retainer can range from a nominal amount to thousands of dollars , and is usually based on how much the creditor seeks in the lawsuit and the amount of time the lawyer estimates the case will last.

What to expect when hiring an attorney?

From the attorney, you should expect competence, ethical behavior, and adequate communication as your case progresses.

What is flat fee?

A flat fee, no matter how much time it takes or how the suit is resolved. By the hour, often with a cap to ensure that you do not pay the attorney more than the lawsuit is worth. By the result. Usually this fee is based on how much the attorney saves you in the long run.

How to sue a creditor for a debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: 1 allow the creditor to obtain a judgment against you (called a "default judgment") 2 defend the lawsuit yourself, or 3 hire an attorney to represent you in the lawsuit.

Can a creditor get a judgment against you?

allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.

Can you keep your retirement account in bankruptcy?

If bankruptcy might be inevitable, think twice before using retirement funds to pay bills. Most people can keep their retirement account in bankruptcy.

What is a defense in a lawsuit?

A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.

What is a counterclaim in a lawsuit?

In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt. You might be able to file a counterclaim alleging that it harassed you in trying to collect the debt.

What is a counterclaim?

A counterclaim is a claim that you have against the creditor. In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt.

What can you do in the state court collection case?

You can ask the judge to transfer your case to the right county, if you were sued in the wrong one.

What can you do in federal court with the collector who sued you in the wrong county?

If the debt collector (debt buyer) who sued you is subject to the Fair Debt Collection Practices Act (FDCPA), then it can only sue you in one of two counties:

What should you do now?

Decide whether you are going to handle this on your own, or if you’re going to hire a lawyer.