what kind of lawyer do i need for credit card debt

What happens when credit card company sues you?

What to do if credit card company sues you?

How to negotiate a debt settlement with a lawyer?

Dec 14, 2016 · A debt lawyer is someone with the knowledge, credentials and skill to help consumers struggling with debt sort through their financial troubles. Representing clients in …

Should I file for bankruptcy for credit card debt?

Mar 19, 2009 · Experience: Attorney experienced in commercial litigation. Verified You are going to need a consumer protection law attorney and you MUST answer that suit before the date …

Can you legally settle credit card debt?

What is a reasonable offer to settle credit card debt?

Can I negotiate credit card debt after being sued?

Is it better to settle or pay in full?

What should you not say to debt collectors?

What happens if you don't show up to court for credit card debt?

How do you beat a debt collector in court?

Can a lawyer negotiate credit card debt?

Can A Debt Lawyer Help My Court Case?

A debt lawyer is extremely valuable if your debt situation causes you to go to court. Debt collectors can take consumers to court to recover money...

What Can A Debt Lawyer Do For Me If I File For Bankruptcy?

A debt lawyer is almost mandatory when filing for bankruptcy.A debt lawyer who specializes in bankruptcy can explain the differences between Chapte...

How Much Does It Cost to Hire A Debt Lawyer?

When you are swamped with debt, hiring a lawyer can add to the pile of expenses you already have. The right lawyer, however, can steer you though t...

When You Should Hire A Lawyer

The first step to solving problems with debt collection is to see if you can deal with the situation yourself, or contact a nonprofit credit counse...

Is Hiring An Attorney Worth It?

Lawyers cost money, so it is wise to consider whether retaining one in a debt case is worth the cost. Face it, you already have financial problems,...

What to Expect from A Lawyer

Lawyers can be expensive, so if you decide to hire one, you should talk fees early on. Lawyers will either charge you an hourly rate or a contingen...

Who can refer you to a consumer lawyer?

An attorney you know or have worked with before may be able to refer you to an attorney who has experience in consumer law.

Can low income people get legal aid?

Low income consumers may qualify for legal aid. Find an office in your state here.

Do attorneys charge a fee?

Some attorneys may also offer free services, or charge a reduced fee. There may also be legal aid offices or legal clinics in your area that will offer their services for free if you meet certain criteria.

Can you leave originals with a debt collector?

Never leave your originals with anyone. It will be helpful for your attorney to review copies of letters you have received from the debt collector, as well as any copies of records you have kept of phone calls, letters you wrote to the debt collector, or other communications. Read full answer.

What can a debt settlement attorney do?

Even if you don't end up hiring a lawyer, an experienced debt settlement attorney can help you evaluate the creditor's case and your personal circumstances to determine the best course for you.

What to do when a creditor sues you for debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: 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.

What happens if you don't have a defense in a lawsuit?

If you owe the amount that the creditor is seeking in its lawsuit, hiring a lawyer might be a waste of time and money. If you don't have a defense or counterclaim and the creditor can easily prove its case, then you'll lose. You'll then owe the judgment amount, have to pay your own attorney, and might have pay the creditor's attorneys' fees too. (In some types of cases, the losing party has to pay the other side's attorneys' fees).

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 does it mean to be judgment proof?

Being judgment proof really means that you are collection proof. That is, if the creditor gets a judgment against you, can it collect it through wage garnishment, taking your bank account funds, or the like? If not, you are judgment proof. (Learn more about what being judgment proof means .)

Can a creditor produce original paperwork?

the creditor can't produce the original paperwork to prove you owe the debt. (Learn more about common defenses in collection lawsuits .)

Can you hire an attorney to defend a lawsuit?

Even if you have a good defense to the lawsuit, you'll want to consider the amount of the debt before hiring an attorney. Attorneys' fees can add up quickly. If you hire a lawyer to defend a lawsuit over a small debt, you might end up owing more in attorneys' fees than you would if you chose not to defend the suit.

What does a debt settlement lawyer do?

A lawyer can also represent you if a creditor files a lawsuit. Debt settlement companies can't do these things.

What is a good attorney?

A good attorney will go over all of your options. The attorney can help you figure out if you really should try to settle your debts or whether you should do something else, like file for bankruptcy, for example. A debt settlement company will probably just try to convince you to hire it to settle the debts.

How does a debt settlement company work?

Debt settlement companies often claim that they'll be able to talk your creditors into settling your unsecured debts for pennies on the dollar. If you're current on your payments, they'll tell you the creditors won't settle unless you stop making payments.

Why do you need to negotiate your own settlement?

It often makes sense to negotiate your own settlement so you can save money and maintain control over the process. Also, your creditors could be reluctant to settle if you hire someone to represent you in the process. After all, if you can afford to hire a debt settlement company or an attorney, why can't you pay the full debt?

Why are debt settlement companies not in business?

Why not? Because debt settlement companies are for-profit companies. They aren't in business because they care about your situation or want to help you out. They want to make a buck, and some are outright scammers. In almost every case, you'll be much better off using the money you would have paid to the debt settlement company to pay down your debt or using it to hire a reputable lawyer to help you.

How to deal with creditors?

You should schedule a meeting to speak directly to the attorney. Find out if the attorney will deal directly with the creditors or if a staff member will be doing the negotiating. If the company says they're "attorney backed" or won't let you meet with or talk to an attorney, that's a big red flag that the attorney has little to do with the operation.

Do attorneys have to be licensed to settle debt?

Attorneys must be licensed and are supposed to uphold strict ethical standards. Unfortunately, not all do. Some debt settlement companies employ lawyers to act essentially as fronts (or, in some cases, attorneys might team up with a debt settlement company) to provide the company an appearance of legitimacy.

How to respond to a credit card lawsuit?

Talk to an Attorney. If you need help responding to a lawsuit for nonpayment of a credit card debt, consider hiring a lawyer . But keep this in mind: If it costs more to hire a lawyer than what the creditor seeks in the lawsuit, it might not make sense to seek attorney assistance. Talk to a Lawyer.

What happens if you don't defend against a credit card company?

If you don't defend against the suit, you will automatically be held legally liable for the full amount stated in the lawsuit.

How do credit card companies minimize losses?

Before you get sued, credit card companies typically try to minimize their losses by selling the debt to a debt collector. That debt collector becomes the legal owner of the debt and possesses most of the same rights the original creditor possessed.

What happens if you are delinquent on credit card payments?

If you're delinquent on your credit card payments, the credit card company or a debt collector hired by the credit card company might sue you to recover the money you owe.

What happens if you stop paying your credit card?

If you fall behind on your credit card payments —or stop paying altogether—your credit card company has a right to file a lawsuit against you.

What is a complaint filed by a credit card company?

The Credit Card Company Files a Complaint. The credit card company typically files a document called a "complaint" to begin a lawsuit against you . The complaint lays out how much you owe and why the credit card company thinks you owe it.

What happens if a credit card company doesn't attach a claim?

If the credit card company or debt collector doesn't attach these documents, you can argue that it failed to state a claim. Invalid Service of the Complaint. Each state's laws describe how, when, and where a credit card company can give you notice of a lawsuit.

How to get a judgment against a credit card company?

In order to obtain a judgment, the credit card company must first file a lawsuit against you in a civil court. The creditor's attorney will file a document called a complaint and deliver the complaint to you. This is called "perfecting service," and ensures that you get notice of the lawsuit.

What happens if a creditor files a lawsuit against you?

If the creditor files a lawsuit against you, the case may eventually proceed to trial. At trial, the burden is on the credit card company to prove that you owe money. If it has provided enough evidence to show this (typically in the form of a signed credit agreement and accounting or billing statements), the court will issue a judgment in its favor, unless you have proven to the court that you don't owe the money. There are many steps in a lawsuit between the complaint and the trial—to learn more, see Creditor Lawsuits: What to Expect When the Case Is in Court.

What is a judgment in credit?

A judgment is an order entered by a court of law indicating the court's findings. A judgment gives the creditor the right to use additional collection methods to collect the debt owed to them. For example, if the credit card company proves to the court that you owe $5,000, a court may enter a judgment saying that you owe $5,000 (plus costs and interest). The creditor may then use the additional collection methods to get paid. (To learn more, see What Is a Money Judgment?)

What happens if you default on a credit card?

If you are in default on a credit card account, the credit card company can try to get a credit card debt judgment against you by filing a lawsuit. If the credit card company gets a judgment, it can use all sorts of collection methods against you to get paid.

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.

Can a credit card company get a judgment against you?

A credit card company can get a judgment against you in several ways after it has filed a lawsuit. Read on to learn how a credit card company can get a judgment, and what types of collection actions it can take once it gets a credit card judgment.