what kind of lawyer do i need if a company says i owe them money

You need a good civil litigation, general practice attorney or debt collection attorney. This individual, from what you have described is likely to file for Bankruptcy and you will then get zilch.

Full Answer

Do you need a lawyer to file an answer to debt?

What kind of lawyer do I need if someone says you owe them money when it was gifted for a down payment on a house and now they want there money back? JA: What state are you in? It matters because laws vary by location. Customer: Colorado JA: What steps have you taken so …

Should I hire a lawyer for a judgment case?

Answer (1 of 3): Simply write back and Explain why you dispute the debt. Depending on where you are and what type of debt it is will determine what rights you have whilst you dispute liability. In general your dispute should be a reasonable one; often people dispute debts when they are …

What kind of attorney do I need to sue someone?

Jan 09, 2011 · Posted on Jan 10, 2011. You need a commercial or civil litigation attorney. A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Should I hire a lawyer if a creditor sues me?

Aug 18, 2018 · 1 attorney answer. If you choose to hire an attorney, you need a general litigation attorney. The question is do you have any proof of contract? If the other party paid in cash and there were no witnesses - then what proof do you have? The burden of proof is …

Can you sue a company for messing up your credit?

If a credit bureau, creditor, or someone else violates the Fair Credit Reporting Act, you can sue. Under the Fair Credit Reporting Act (FCRA), you have a right to the fair and accurate reporting of your credit information.

How do you defend against a collection agency?

7 Ways To Defend a Debt Collection LawsuitRespond to the Lawsuit or Debt Claim. ... Challenge the Company's Legal Right to Sue. ... Push Back on Burden of Proof. ... Point to the Statute of Limitations. ... Hire Your Own Attorney. ... File a Countersuit if the Creditor Overstepped Regulations. ... File a Petition of Bankruptcy.Jul 4, 2019

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorNever Give Them Your Personal Information. A call from a debt collection agency will include a series of questions. ... Never Admit That The Debt Is Yours. Even if the debt is yours, don't admit that to the debt collector. ... Never Provide Bank Account Information.Apr 6, 2022

What is the statute of limitations on debt?

three to six yearsHow Long Does the Statute of Limitations on Debt Last? The statute of limitations on debt typically falls within three to six years, although some periods are as long as 15 years. This period can vary based on where you live and what type of debt is involved.Feb 4, 2022

What is a civil litigation attorney?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Can a lawyer do collections?

A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.

Money Threshold for Small Claims Court

Check your state's small claims case money limit first before considering legal action. You can search for the terms " [your state] money owe small claims court" or " [your state] money claims conciliation court." Look for a .gov website with an answer, or call a small claims court attorney with questions.

Small Claims Judgment 101

Small claims court exists to give two or more parties a place to state their side of the story. However, you should carefully consider if suing someone is the right course of action.

Owing Money: Legal Definition

There are some guidelines you need to follow to sue someone for owed money. You obviously can't gift someone money and one day decide you want it back. You also can't loan someone money but never tell them you expect to be paid back.

Suing Someone for Loans or Debts 101

To show your case in the best possible light, it is a good idea to try other methods of debt collection first. Be sure to ask for the money — preferably in writing — so there is a record of your attempts. This is called a " demand letter ."

Step 1: Filing Your Complaint and Paying Filing Fees

First, check the thresholds for the amount of money you are requesting and the correct court to file in. If the amount is too small or too large, you won't be able to file in small claims court.

Step 2: Serving the Lawsuit and Court Dates

The fee you paid may go toward a court official " serving " the case. This means they will find the person who owes money (the "defendant") and give them official notice that they are being sued by you (the "litigant"). You might also be able to serve the defendant yourself through certified mail.

Step 3: Attend Court Hearing

Be on time for your court date. You can expect the court hearing to be quick — typically around 15 minutes total. If you are nervous about what goes on during a hearing, you can sit in on small claims court cases in advance.

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.

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 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.

How to challenge summary judgment?

To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.

What happens if a collector grants a motion?

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

What happens if a collector gets a judgment against you?

Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

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 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 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 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 happens if you don't have a defense?

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).

Can you get a judgment against a creditor if you win a counterclaim?

It's not a defense to the underlying debt, but a separate claim. If you win on your counterclaim, you might get a money judgment against the creditor. Your filing of the counterclaim might also induce the creditor to withdraw its lawsuit against you.

Can a lawsuit grow if a creditor gets a judgment against you?

But keep in mind that a lawsuit for a relatively small amount can grow if the creditor gets a judgment against you. The creditor will ask the court to include not only the debt balance, but the amount of the creditor's attorneys' fees, court costs, and interest.

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.

1 attorney answer

To answer your question, yes. Generally speaking, if you are ordered by a judgment against you to pay money owed, the opposing lawyer can use a variety of tools and strategies to recover that money - including the seizing of personal and real property...

Allen Yi

To answer your question, yes. Generally speaking, if you are ordered by a judgment against you to pay money owed, the opposing lawyer can use a variety of tools and strategies to recover that money - including the seizing of personal and real property...