what sort of lawyer do i need to refute a debt claim

by Elisabeth Littel 5 min read

An attorney you know or have worked with before may be able to refer you to an attorney who has experience in consumer law. Depending on the amount and nature of your debt, you may wish to consult with a bankruptcy lawyer. Bankruptcy attorneys may be particularly helpful in many contexts.

If the debt collectors do win a court judgment, they can attempt to recoup their money, depending on what state the judgment was entered. If you try to appeal the case, it is wise to find a consumer advocate attorney to represent you.Feb 14, 2022

Full Answer

How do I choose the right lawyer for debt relief?

The right lawyer, however, can steer you though the legal system, and put you on the right financial track. Many law firms provide free debt consultations. It is best to set up an in-person visit. When you decide on a lawyer, get a list of all charges and fees in writing so you know what to expect to pay.

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

A lawyer to help you figure out if you have any defenses, prepare the answer and file it, and represent you in court. If you can’t afford to hire an attorney (or paying for a lawyer would cost more than the collector is seeking in the lawsuit), you can prepare an answer, file it, and represent yourself.

How do I respond to a debt lawsuit?

One way to respond to a debt lawsuit is to challenge the plaintiff’s right to file the lawsuit. By the time a debt reaches this point, it has often been sold—sometimes more than once.

Will my attorney be able to review my Letters from debt collectors?

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. Was this answer helpful to you?

How do I fight back against debt collectors?

Here are a few suggestions that might work in your favor:Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ... Dispute the debt on your credit report. ... Lodge a complaint. ... Respond to a lawsuit. ... Hire an attorney.

Can you dispute a debt if it was sold to a collection agency?

Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.

What is the best reason to put When disputing a collection?

If you believe any account information is incorrect, you should dispute the information to have it either removed or corrected. If, for example, you have a collection or multiple collections appearing on your credit reports and those debts do not belong to you, you can dispute them and have them removed.

Can you sue a company for wrongfully sending you to collections?

Can You Sue a Company for Sending You to Collections? Yes, the FDCPA allows for legal action against certain collectors that don't comply with the rules in the law. If you're sent to collections for a debt you don't owe or a collector otherwise ignores the FDCPA, you might be able to sue that collector.

How do I respond to a collection letter from a lawyer?

I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.

What is a 609 dispute letter?

A 609 dispute letter is a letter sent to the bureaus requesting this information is actually not a dispute but is simply a way of requesting that the credit bureaus provide you with certain documentation that substantiates the authenticity of the bureaus' reporting.

What do you say when disputing a collection?

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been ...

What should you not say to debt collectors?

3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex. ... Bank Account Information.Credit Card Number.Social Security Number.

What happens if you dispute a collection and win?

Once you submit a dispute, the creditor has a duty to investigate your claim, according to the Fair Credit Reporting Act. In most cases, the creditor is expected to respond to your claim within 30 to 45 days and to inform you of the results of its investigation within five business days.

Can you sue a creditor for inaccurate reporting?

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

How can I get a collection removed without paying?

There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.

How do you dispute an erroneous account in collections?

List all the erroneous collection accounts on your credit reports and write down as much information as possible about each item. Write a dispute letter and send it to each credit bureau. Include information about each of the disputed items—account numbers, listed amounts and creditor names.

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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 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 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 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, ...

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.

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 is debt settlement lawyer?

Debt settlement lawyers can command a small fortune for their services, whether they work on contingency (meaning they take a cut of the debt savings they negotiate for you) or charge a specific hourly or per-case rate.

What happens if you owe $20,000?

2. Your wages are at risk of being garnished. In some cases, your creditors can come after your earnings if your debt goes unpaid for too long. For example, if you owe the IRS back taxes, ...

How long does bankruptcy stay on your record?

Not only is it expensive, but it can stay on your record for seven years in the case of a Chapter 13 filing, or 10 years in the case of Chapter 7.

Can I use a lawyer for debt settlement?

If you're looking for outside help in dealing with your debt, you can also enlist the help of a debt settlement company, which might charge less than a lawyer would. The benefit of using an attorney, however, is having someone who not only is experienced in debt settlement, but may know how to help you minimize your legal risks.

Can creditors come after you?

In some cases, your creditors can come after your earnings if your debt goes unpaid for too long. For example, if you owe the IRS back taxes, or if you're delinquent on your loans, you could be at risk of having your wages garnished, compounding your financial troubles. If that's the situation you're facing, then it might pay to hire an attorney to step in.

Do I need an attorney to negotiate with creditors?

Now let's be clear: You don't need an attorney to negotiate with creditors. You can try to work out arrangements yourself.

Can I file for bankruptcy if my debt has escalated?

You're thinking of filing for bankruptcy. If your debt has escalated to the point where you're thinking of filing for bankruptcy, then it's a good idea to see if a debt settlement lawyer can help you avoid that fate. While filing for bankruptcy might seem like an easy solution to an otherwise daunting problem, it's no picnic.