what type of lawyer help do i need to represent me when not paying off a small loan?

by Ms. Loraine Smitham DVM 10 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.

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

Why do I need an attorney to get a loan?

Jan 25, 2017 · 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. You may be able to find a link to lawyer referral services on the website of the state or local bar organization in your area.

Can a lawyer represent you at closing on a house?

Oct 30, 2020 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

Do I need an attorney at a mortgage closing?

Feb 13, 2019 · You'll need the help of a lawyer who is an expert on your specific case to ensure that you have a higher chance of winning the case or getting the most beneficial deal from a legal dispute. 1. Intellectual Property (IP) Lawyers

Should I hire a debt lawyer for my court case?

Sep 08, 2020 · Technically, unless you hire an attorney to represent you at closing, no one else participating in the closing exclusively represents your interests. It’s important to understand that other attorneys present at the closing – for example, the lender’s or seller’s attorney – do not represent you. These people may not be able to answer ...

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What can you do if someone owes you money and refuses to pay Victoria?

If someone owes you money in Victoria, you can pursue a debt recovery claim and enforce a payment....Once the debtor receives a Letter of Demand, they may choose to:Pay the outstanding amount in full,Show that they do not owe any money,Negotiate a compromise, or.Ignore the letter.Jul 21, 2020

How do you negotiate a debt settlement at a law firm?

Five Steps to Debt NegotiationStep 1: Stopping Creditor Phone Calls. ... Step 2: Validating the Debt. ... Step 3: Negotiating the Debt. ... Step 4: Settling the Debt. ... Step 5: If Sued, Utilize Defenses – Why You Want An Attorney.

What can you do if someone owes you money in South Africa?

WRITE A LETTER TO THE PERSON WHO OWES YOU If the person who, for example; owes you money refuses to pay, they should then be sent a letter of demand which indicates all the facts and the specific amount you are claiming. The letter must be delivered in person or by registered mail (the Post Office can assist).

How much will debt collectors settle for?

10% to 50%Typical debt settlement offers range from 10% to 50% of what you owe. The longer you allow debt to go unpaid, the greater your risk of being sued. Creditors are under no obligation to reduce your debt, even if you are working with a reputable debt settlement company.

Can I settle my debt myself?

You may be able to get faster results with DIY debt settlement. While completing a plan through a company can take two and a half years or more, you may be able to settle your debts on your own within six months of going delinquent, according to debt settlement coach Michael Bovee.

What can you do if someone won't pay you back?

What to Do When Someone Doesn't Pay You BackGive gentle reminders. People are busy, and sometimes they forget about the money they owe. ... Renegotiate payment terms. ... Have them pay you with something else. ... Get collateral. ... Offer to help with financial planning. ... Ask to use their credit card.Mar 24, 2021

What is the minimum amount for small claims court in South Africa?

R20 000It is a court that allows a person (“plaintiff”) to institute a claim of R20 000 or less. No legal representation by an attorney or advocate is allowed in the SCC. If a plaintiff's claim exceeds R20 000, part of the claim may be abandoned.

How do I take someone to small claims court in South Africa?

Small Claims CourtsSteps to follow.Step 1: Contact the other party.Step 2: Write a letter of demand.Step 3: Go to the clerk of the court.​Step 4: A summons is sent to the opposing party.Step 5: The hearing.Step 6: After judgment has been given.Important notice:More items...•Oct 25, 2019

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 is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

What can a lawyer advise on?

A lawyer can advise an individual what they may be entitled to in their state, as laws vary by state. Issues may include alimony and child support. Without a lawyer, an individual runs the risk of inadvertently waiving their rights to alimony, visitation with their children, or even custody of their children.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Can a guilty plea affect immigration status?

Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Do I need a lawyer for a prenup?

In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

How to complain about a mortgage closing?

If you’re having issues with your mortgage, you can also submit a complaint to the CFPB online or by calling (855) 411-CFPB (2372).

Do I need an attorney to close a mortgage?

Do I need an attorney or anyone else to represent me when closing on a mortgage? It depends. Depending on your state’s laws, you may not be required to have an attorney at the closing. However, you can choose to have an attorney review your documents before closing. Technically, unless you hire an attorney to represent you at closing, ...

What is debt lawyer?

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.

What happens if you don't pay a judgment?

If you don’t do either – and that is what happens in most cases – the creditor obtain a legal judgment against you and can pursue that until you finish paying it. Before deciding whether to hire a lawyer, defend yourself or let the creditor collect on a judgment, review the situation.

How to defend yourself in a collection case?

Before you take steps to defend yourself in a collection case, be prepared and understand what to expect. Hiring a lawyer might be part of the process, especially if you’ve been sued or suspect a suit is coming. But you can also seek advice form a debt counselor if a lawsuit isn’t in plain view. Here are a few things to do: 1 Gather all paperwork related to your debts. If you’re contacted by creditors or collectors, keep a log of the contacts, including time and date of phone calls. Keep all mail and email that you might receive. It might not all be relevant, but it’s a good idea to thoroughly document anything related to the debt collection process. 2 Contact an attorney to go over you case. You might not think you have grounds to defend yourself, but an attorney familiar with collection and debt might see something you missed. Get referrals from friends and family members. You can also go to the National Association of Consumer Attorneys website for advice and referrals. 3 Let the attorney you’re interviewing ask questions. Many successful debt-defense cases stem from violations of consumer protection laws, and the attorney will ask you questions that might suggest a defense strategy. Good recordkeeping can help you answer these questions.

What is contingency fee?

In a debt settlement, a lawyer may have contingency fees, which means the lawyer receives a percentage of money you recover. A debt lawyer can charge an overall flat fee for a straightforward process like a simple bankruptcy.

Can debt collectors take you to court?

Debt collectors can take consumers to court to recover money owed and win most of the cases because the consumer never appears in court or sends a legal representative. Consumers who do appear in court with no legal representation are doing themselves a disservice.

What is a fraudulent loan?

The fraudulent loans can take many forms and can involve different types of scams. For example, an auto loan scammer might pretend to be a finance agent and give the borrower invalid forms or fake information to obtain the person’s personal information.

Why is it important to get a car loan?

Also, obtaining a car loan is important to many people, as the ability to own and drive a car can affect many aspects of life, including work, family visits, recreation, and other uses. Thus, borrowers and lenders may often be quicker to identify points of dispute in the lending process. Listed below are some examples of common legal disputes ...

Why are auto loans important?

Car loan laws help protect against loan fraud and other problems with the borrower lender relationship.

What is auto financing?

Auto financing describes the process of obtaining a financial loan to purchase a car or another type of vehicle. Some think of auto financing a vehicle as only the full purchase of a vehicle; however, auto financing also applies to the leasing of a vehicle. Auto financing is often managed through a car dealership, auto finance companies, ...

What to do if you have difficulty with foreclosure?

Ultimately, if you find yourself having difficulty with the application or your servicer isn't abiding by the law, you should consider consulting with a qualified, reputable foreclosure attorney who can help you with the process.

What to do if you aren't sure what to do?

If you aren't sure what to do—say you're facing foreclosure, but you aren't sure if a modification is right for you—and want to know about all of your options, an attorney can help you understand your legal rights and give advice about the best course of action in your situation.

How to get a mortgage modification?

Hiring an attorney may be a good idea if you want a mortgage modification, but you don't understand the application process or have a complicated situation. For example, it might be worthwhile to hire an attorney if you've spoken to your loan servicer about a modification but are confused about: 1 how to fill out the application 2 what documentation you need to submit along with an application, or 3 how to explain your financial hardship or situation in the application.

What happens if a servicer violates state law?

If your servicer violates state law while foreclosing on your home, your attorney might be able to use the violation or violations as leverage in getting you a loan modification. Keep in mind that servicers often make mistakes when servicing loans and in the foreclosure process. A lawyer could uncover errors that you won't even notice.

What is a loan modification?

A "loan modification" is a permanent restructuring of your mortgage loan where the lender changes one or more of the terms so that your payments are more affordable. With a modification, the lender might agree to do one or more of the following to reduce your monthly payment: reduce the interest rate. convert from a variable interest rate ...

Can you submit all documentation to a servicer?

If you've spoken to the servicer about getting a modification, done your homework to educate yourself about the process , are confident the servicer hasn't violated the law, and feel you have a good understanding of what goes into the application, you likely can submit all of the necessary documentation and navigate the process adequately on your own.

What happens if a servicer denies a modification?

If the servicer denies your modification request, in many cases, you'll also get some time to make an appeal. An attorney might be able help you in showcasing why the servicer made an error in denying your application so that you're more likely to get approved for the modification in your appeal.

How do lawyers get paid?

There are four basic ways lawyers get paid: an hourly fee, a retainer, a flat fee, and a contingency fee. Here’s a closer look at each of the payment types.

How much does a lawyer bill for a phone call?

For example, if an attorney takes a client’s phone call and the call lasts 10 minutes, the lawyer will bill 12 minutes or 2/10 of an hour for a total of $50 for that phone call.”

How to pay off a credit card?

Credit cards are an option as you can charge the costs upfront and then slowly pay off your balance over time. Whether this will work for you depends on a couple of factors including: 1 If you can get approved for a credit card 2 The credit line you can get 3 Interest costs 4 Benefits of the card 5 Promotional offers 6 How long it will take you to pay it off

What is a flat fee?

Flat Fees are Common for Certain Cases. Klein adds, “A flat fee is common in the area of criminal law and bankruptcy law. For example, a client comes in to retain us for a chapter seven bankruptcy; we will charge a flat fee of $3,500 to accomplish the requested service.”. “The old billable hour is going away.

What factors affect the price of a lawyer?

In summary, the key factors that impact the price are location, case type, case complexity, law office type, and the experience, education, and expertise of the lawyer. Further, you’ll have to contact lawyers to find out what they charge.

What is a personal loan?

Personal Loans. Another option is a personal loan. This is a lump sum that a lender extends to you based on your credit and financial profile. The loan amount, interest rate, fees, and repayment term will depend on the lender’s evaluation of you as well as your credit score and creditworthiness.

How much does a lawyer charge an hour?

For example, if a second-year lawyer is working on a matter, that lawyer may charge $275 an hour.

Lawrence Michael Centanni

This matter would be brought in the Special Civil Part Section of the Law Division of the County Court where the debtor resides. The said attorney would provide several collection causes of actions. Please also remember the attorney will request a retainer amount to file a Complaint, go to Court, resolve it or have it tried.

Jeffrey Anthony Skiendziul

This type of debt would be brought in the Special Civil Part because of the amount being sued. The courts have do it yourself forms you can fill out on your own. As far as whether you have a case, you need to speak to a lawyer who handles small claims cases to determine whether you have a case.

Alan Ray Barnes

An attorney whose employment has been terminated is required to return the client's papers and property at the client's request. So whether you knew it or not, by asking for your file you implied that you were firing the lawyer.#N#It is clear that you are unhappy with the attorney anyway. And I don't know about...

Jennifer L. Ellis

I would suggest you ask the receptionist to set up an appointment with your current attorney so you can see if you can resolve whatever issues arouse between you. The lawyer may or may not be willing to meet with you. He should be though. If he will not, then you have no choice but to find a new lawyer...

Justin Ryan

Regardless of the current status of your case, you have an absolute right to a copy of your case file upon demand.

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