what type of lawyer for credit debt?

by Jon Emmerich 8 min read

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.

Full Answer

How to negotiate a debt settlement with a lawyer?

When contacted, find out the following:

  • The Identity of the debt collector, including name, address, and phone number
  • The amount of the debt, including any fees such as interest or collection costs
  • What the debt is for and when the debt was incurred
  • The name of the original creditor
  • Information about whether you or someone else may owe the debt

Is a debt collector a lawyer?

Under the FDCPA, debt collectors include collection agencies, debt buyers, and lawyers who regularly collect debts as part of their business. There are also companies that buy past-due debts from creditors or other businesses and then try to collect them.

Is eCredit attorney good or bad?

eCredit Attorney has a lot of good in regards to its credit repair services. The company offers a custom process for clients and continuous direct contact. In addition, the points below show eCredit Attorney's focus on its clients: eCredit Attorney clients can start services completely free.

What is a debt lawyer?

  • Increases risk of insolvency
  • Compromises collateralized property
  • Restricts access to new debt when the borrower has too much

image

Is it better to settle a debt or go to court?

File an Answer — This is the best option in nearly all cases. Filing an Answer prevents the court from filing a default judgment against you. Filing an Answer protects you from default judgment, or losing automatically. It also puts you in a position of power, giving you leverage to settle your case.

What is a reasonable offer to settle credit card debt?

When you're negotiating with a creditor, try to settle your debt for 50% or less, which is a realistic goal based on creditors' history with debt settlement. If you owe $3,000, shoot for a settlement of up to $1,500.

What is the best way to settle a debt with a collection agency?

To get ready to negotiate a settlement or repayment agreement with a debt collector, consider this three-step approach:Learn about the debt. ... Plan for making a realistic repayment or settlement proposal. ... Negotiate with the debt collector using your proposed repayment plan.

What is credit attorney?

A credit lawyer—also called a credit repair lawyer—is an attorney that's qualified to help you repair your credit and fight debt collectors.

What is a goodwill request for deletion?

The goodwill deletion request letter is based on the age-old principle that everyone makes mistakes. It is, simply put, the practice of admitting a mistake to a lender and asking them not to penalize you for it. Obviously, this usually works only with one-time, low-level items like 30-day late payments.

How do you get out of collections without paying?

There are 3 ways you can remove collections from your credit report without paying. 1) sending a Goodwill letter asking for forgiveness 2) disputing the collections yourself 3) working with a credit repair company like Credit Glory that can dispute it for you.

What should you not say to a debt collector?

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.

Is it worth paying someone to fix your credit?

Save Your Money Paying a credit repair company to "fix" your credit report is usually a waste of money since you can dispute credit report information yourself, for free. In either case, information will only be removed or modified if it is inaccurate.

What is the credit law?

It protects consumers from haiving their eligibility for credit disrupted as a result of incomplete or misleading information contained in one's credit report. The law gives consumers the right to receive a copy of their credit reports and challenge inaccurate information contained in it.

What is credit restoration services?

Credit restoration usually involves deleting inaccurate negative credit items from your credit history in order to improve your credit score. The term “credit restoration” most often refers to a service offered by a company in exchange for payment.

How long does it take to pay off a credit card debt?

By significantly reducing the amount owed through the debt settlement process, it is easier to pay the total – usually in 6 months to 3 years.

Why do we offer free credit card consultations?

When you are overwhelmed by credit card debt, it is difficult to understand the various options available. That is why we offer a FREE consultation in a calm, thoughtful environment.

How long does it take to get out of bankruptcy?

Chapter 13 bankruptcy can take up to five years before being debt-free.

Can you consolidate debt with one payment?

Many people are opting to consolidate their debts – putting them all into one package with one monthly payment. That will not lower the amount owed, and it does not stop credit card companies from filing lawsuits.

What does it mean to work for a credit lawyer?

A credit lawyer or law firm works for you, which means that you get individual time with your attorney and the attention you need to improve your credit.

How does a credit lawyer help you?

A credit lawyer first reviews your credit history to see if there are possible errors on your report. The lawyer then looks for ways to improve your score. This can include negotiating with credit reporting agencies. These negotiations can also pave the way for errors and other negative items to be taken off, so if you’ve had late payments in the past, a foreclosure or a car repossession, there may be ways for the credit lawyer to have these removed.

How long does it take for credit bureaus to remove inaccurate information?

The Fair Credit Reporting Act gives the bureaus and data furnishers 30 days to investigate and remove inaccurate items. That time can extend to 45 days under certain circumstances. The actual timeframe depends on many factors, including postal mail timing.

What is credit repair?

Credit repair is the process of correcting the information that the major credit bureaus have in your credit files—the information used to create your credit reports. You can do credit repair yourself, with the help of a credit repair company or with the services of a credit lawyer. A credit lawyer—also called a credit repair lawyer—is an attorney ...

How to get rid of negative items on credit report?

Work with the credit bureaus to remove errors from your credit report. Work with the credit bureaus to remove negative items from your report sooner than they might fall off naturally. Possibly settle with debt collection companies for a fraction of your original debt or a workable payment plan of some type.

What happens if you default on a credit card?

Those hits can accumulate and lead to damage that can take months or years to fix. And the credit bureaus and credit card companies and other lenders don’t care about your circumstances.

What law firm can help you if you don't have time?

If you don't have time, Lexington Law can help get you started!

Why do you need a credit lawyer?

Their knowledge in credit-related laws and experience dealing with the credit bureaus, debt collectors and other entities are all great qualities to have in your corner.

How much does a credit lawyer cost?

Credit lawyer costs vary greatly and can run anywhere from around $500 to $5,000 or more. Fees greatly depend on your situation, including the number of inaccuracies you have on your credit reports, what services the lawyer executes and many other factors.

What is Lexington Law?

Lexington Law works with a network of lawyers who have years of experience working on credit-related cases. Give us a call today to learn more about our credit repair services and how our team of lawyers and paralegals can help you make informed decisions about repairing your credit.

What is the Fair Credit Reporting Act?

Fair Credit Reporting Act: This act grants you the right to access your credit reports, challenge inaccuracies and many other things involved in credit repair.

What laws are there to protect your credit?

You should get familiar with credit-related laws like the Fair Credit Reporting Act, the Fair Credit Billing Act and the Credit Repair Organizations Act to understand your rights.

How to avoid scams with credit lawyers?

You can avoid scams with credit lawyers by doing your research, knowing what questions to ask and becoming familiar with your legal rights.

What is the Fair Debt Collection Practices Act?

Fair Debt Collection Practices Act: This act limits how often debt collectors can contact debtors, protects you from harassment and grants several other rights to protect you from debt collectors.

What can a credit lawyer do for a consumer?

For instance, if a consumer has a negative credit history due to missed payments or tax liens, a credit lawyer can help the consumer to remove the information or clean it up.

What is credit law?

Credit laws refer to a special category of state and federal laws that aim to regulate issues ranging from financial charges to extending pre-established lines of credit. Basically, if a financial institution or company is in the business of lending or offering credit to customers, then it most likely has to comply with various credit laws.

Why is it important to have a good credit score?

Having a good credit score is important because it helps financial institutions and credit agencies to determine how much money (if any) to loan a consumer and decide whether a consumer is even eligible to receive access to credit ( e.g., a credit card).

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 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.

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.

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.

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.

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.

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.

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, ...

Can creditors sue you for a owed money?

Just as consumers have legal protections, so do creditors who are owed money, which means that in some cases, your creditors may have the right to initiate a lawsuit against you. At that point, bringing an attorney on board often makes sense, especially if there's a chance a serious judgement will be issued against you.

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.

image