what lawyer do debt

by Caroline Greenfelder 10 min read

A debt lawyer is similar to a bankruptcy attorney in that they help you manage large amounts of debt. But unlike a bankruptcy attorney, a debt lawyer will focus on helping you pay off your debts for less than what you owe.Jul 20, 2021

Should I hire an attorney for debt settlement?

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 cases against debt collectors is a form of consumer law, the branch dedicated to protecting consumers against unfair trade and credit practices.

When do you need a debt defense lawyer?

Apr 16, 2022 · A debt collection lawyer is an individual licensed to practice law pertaining to helping others collect or fight debts. If debt collectors are harassing you, you find yourself being taken to court over your debt, or you are wrongfully accused of owing a debt, you need the services of a debt collection lawyer.

What is the primary function of a debt lawyer?

Mar 10, 2022 · A debt collection lawyer is an individual licensed to practice law in a particular jurisdiction who primarily focuses on helping others collect debts. This type of attorney must abide by all the laws and regulations that apply to any other debt collector. The advantage of using a debt collection lawyer is that if a lawsuit becomes necessary, the lawyer is already …

When 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. Conversely, if you have successfully sued someone but still haven't been paid, a debt collection lawyer can help you recover money you are owed.

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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...

What to do if you are sued for debt collection?

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. Conversely, if you have successfully sued someone but still haven't been paid, ...

How many debt collection lawsuits were filed in 2010?

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.

What to do if you are sued and still awaiting payment?

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.

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Finding a Lawyer to Help With Your Debt Problems

If you want to hire an attorney to represent you in a creditor lawsuit, here's where to start.

What does a debt collection attorney do?

A debt collection attorney can represent you if you’re a creditor or a debtor. A lawyer can help come up with strategies either to get back money that you’ve loaned out or to protect yourself from overeager creditors. Your attorney can handle paperwork for you or represent you in court.

Why do lawyers charge on the creditor side?

If your lawyer decides to charge in this way, you’re likely on the creditor side because you have more to gain than if you were on the debtor side. Discuss how your lawyer bills up front, so that you can both agree on a fee you’re comfortable with.

What to do if you are not paying your debt?

If you need repayment for a debt and the debtor isn’t paying up, a debt collection attorney can help figure out your best course of action to get your money back. You may also want to consider a creditors rights attorney, who works solely for creditors to help them regain their money.

What is debt settlement?

An inability to pay back loans at the present time. Threat of lawsuit from a creditor. Being treated unfairly by collectors. You may also want to consider a debt settlement attorney who can help reduce or eliminate loans in order to avoid debt collectors.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

Can you settle a debt outside of court?

If you’re able to settle outside of court, you and the debtor will be able to negotiate terms. As a debtor you face the same outcomes, but instead of receiving any money, you can expect to pay back the amount you borrowed or possibly less if your attorney is able to negotiate the amount down.

Do debt collection attorneys charge hourly?

Attorneys use different methods of billing, so there’s no straight answer to this. Many debt collection attorneys charge an hourly rate. Other charge based on a contingency, meaning you will not have to pay anything up front but your lawyer will take a percentage if you win your case.

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.

Do creditors have to accept lesser amounts?

They also probably won't tell you that your creditors don't have to accept a lesser amount than they're owed to settle the debt or that many creditors won't agree to a settlement, especially if you're working with a debt settlement company.

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.

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. Talk to a Lawyer.

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.

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