what kind of lawyer do i need if i'm being sued by a collection agency

Talk with a collection lawsuit defense lawyer. You aren’t legally required to have a lawyer represent you in court, but you should make sure to talk with an attorney who practices in the field of collection lawsuit defense.

Full Answer

How long before a collection agency will sue?

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.

How to sue your creditors or collection agencies?

If you've been sued by a creditor for the collection of a debt, you may decide to hire an attorney to represent you in the lawsuit. If you want help defending against a collection lawsuit, below are some things to think about, including how to find a good lawyer to represent you, how much you'll pay in lawyer's fees, what to expect when you first meet with an attorney, and making sure you …

How to find a lawyer to sue a debt collector?

Lawyers Who Defend Collection Lawsuits. You’ve got two choices – fight the lawsuit or let the collector get a judgment against you. Once you receive the Summons and Complaint, you’ve got a very short amount of time to take action. If you don’t file an Answer to the Complaint within a short period of time then you risk a default judgment ...

When to hire a debt collection attorney?

May 05, 2020 · Omaha Debt Relief Lawyer Is a creditor threatening to sue you? If you have received a lawsuit notice, a judgment, or are being bombarded with collection calls, there is hope. The Omaha debt relief and bankruptcy attorney at High & Younes can help you understand your options. We are still taking new clients and are happy to speak to you over the phone or video …

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

How can I settle a credit card debt when a lawsuit has been filed?

A debt collection lawsuit can potentially be resolved with debt settlement. You can do this on your own or hire a debt settlement attorney to help. You can make a payment plan with the creditor to pay off the sum of the debt or partially pay the sum in a lump-sum settlement.Nov 29, 2021

Can a lawyer negotiate credit card debt?

A debt settlement attorney can negotiate with your lenders if you have a large amount of unsecured debt to lower the amount you owe. Unsecured debt is debt that didn't require a collateral, such as credit cards, student loans, or medical bills.

Can you get a settlement figure on a credit card?

You can negotiate a settlement for credit card debt, but doing so could negatively impact your credit for 7 years. If your credit card debt has become unmanageable, you are wise to seek help and explore your options, such as requesting a lower interest rate.Sep 6, 2018

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 ignore a lawsuit?

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.

What is a judgment in a court case?

A judgment is a court order.

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.

Can I share my PII?

Please do not share any personally identifiable information (PII), including, but not limited to: your name, address, phone number, email address, Social Security number, account information, or any other information of a sensitive nature.

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 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.

How does an attorney charge for services?

Most attorneys will charge for their services in one of three ways: 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.

What to expect when hiring an attorney?

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

What should an attorney explain to a creditor?

The attorney should explain any additional costs, like court fees and expenses you'll be responsible for, like copy costs, postage, and other charges . If the attorney thinks settlement is possible, the attorney will ask you if you have a maximum amount you are willing to pay the creditor.

How to contact High and Younes about bankruptcy?

Give us a call at 402-933-3345 or fill out our contact form here. Get Bankruptcy Relief Now. It is our mission at High & Younes to provide clients with the bankruptcy legal services and professional judgment they expect when faced with debt problems and creditor harassment.

What is a small claims court trial?

A judgment is made based on the judge’s decision. That will determine whether you are responsible for the debt and what actions the creditor can legally take from there.

Is it normal to fall behind on debt?

It’s easy to fall behind – and fall behind fast. A few weeks behind turns into months behind. The phone won’t stop ringing.

What to do if your rights are violated by a debt collector?

If your rights have been violated by a debt collector, you should bring evidence of that to court. Check the Fair Debt Collection Practices Act(FDCPA), Fair Credit Reporting Actand Truth in Lending Actfor specific violations. Under the FDCPA, for example, debt collectors may not:

What to do if a debt collector calls you to pay?

Act impulsively. If a debt collector on the phone insists you must pay immediately, take a deep breath and count to 10. Don’t agree to anything or share too much information. Ask for a debt validation letter or proof of the lawsuit in writing before anything else.

How long does it take for a debt collector to send a letter?

This typically occurs when a debt is 180 days past due. Within five days of contacting you, the debt collector must send you a debt validation letterstating how much you owe, the name of the creditor and how to dispute the debt if you believe it’s not yours.

What happens if you are months past due on a debt?

When you are months past due on a debt, your creditor may assign or sell the debt to a third-party debt collection agency, which will attempt to collect it. In extreme cases of nonpayment, you may find yourself sued by the debt collector. If you’re confused about the lawsuit and aren’t sure how to respond, follow the guidelines outlined below.

What happens if you have debt in collections?

If you’ve had debt in collections for a long time, you could be sued by the debt collector. Ignoring or losing the lawsuit can have severe consequences. Here’s what to do. If you’ve had debt in collections for a long time, you could be sued by the debt collector. Ignoring or losing the lawsuit can have severe consequences.

How long can a debt collector collect?

The statute of limitationsis the amount of time that a debt collector can legally collect a debt from you. It can be anywhere from three to 20 years. The time frame depends on the state in which you’re being sued and the type of debt you owe.

What to do if you are being sued for debt?

If you’re being sued for debt and you disagree with any or all of the information in the debt collection lawsuit, you will want to file a response to the lawsuit in court. You will then have the opportunity to contest what’s in the lawsuit or ask the court to dismiss it altogether.

Jeffrey Mark Adams

Look around for "insurance defense" or "civil litigation - defense" lawyers. If a lawyer is listed as an insurance defense lawyer, they handle your type of case although usually on contract with an insurance company. Warning: it will probably not be cheap to resolve. You might want to see what they...

Ryan Alexander

Civil attorney who is licensed in Kentucky. Also, "trying to sue" me is cryptic. You need to confirm if you have actually been sued.

Timothy Bernard Spille

Generally, you want to hire a civil defense attorney who routinely defends personal injury cases. I hope you have now secured automobile liability insurance for your vehicle. You will soon learn that paying an insurance premium is a bargain compared to paying for a...

Lars A. Lundeen

I agree with the other attorneys who have responded to your question. You will need an attorney that is well versed in defending personal injury cases specific to motor vehicle accidents.

Christopher S Ison

You need someone with experience defending personal injury law suits. Generally this would be taken care of by your insurance; however, since you did not have insurance the burden will be on you to find and retain an attorney. You can look on Avvo for attorneys who practice in your area...

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.

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 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.

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 files a summary judgment?

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

How to answer a credit card lawsuit?

Basics of Answering a Credit Card Lawsuit. You may have to pay a filing fee to the court clerk when submitting your answer to the complaint, but low income defendants may qualify for a waiver. Your answer typically will include: Admission or denial of the claim. Any legal defenses.

How long does a creditor have to file a lawsuit?

If the creditor is outside of this limit, then you can have your case dismissed. Usually, a creditor has two or three years to bring a lawsuit, but in some states, they have as long as six years. Additionally, some states have different statutes of limitations for debt-related lawsuits.

What to do if a creditor cannot produce documentation?

If the creditor or collector cannot produce the proper documentation, you may ask the court to dismiss the lawsuit.

What is the defense to a debt claim?

Defense to a Debt Claim: Ownership of the Debt. A creditor suing you for an unpaid debt also must be able to document ownership of the debt. Creditors frequently sell debts to other entities, which are then considered "debt collectors" for legal purposes.

What happens if you refuse to answer a credit card complaint?

If you simply ignore the complaint by not replying with a formal answer, your inaction may result in a default judgment against you. This means they will find you guilty, and the judge will decide your penalty.

How to get money faster?

You usually have the options to: Negotiate for less money owed. Settle for a lump sum. Set up a payment plan. These options may depend on the original contract and who is in charge of the debt management now.

What is a summons for a debt?

The summons is a written notification that you are required to appear in court on a given date if you wish to defend yourself against the claim.