Financial collection litigation has been a problem for many Americans in the past. According to the Consumer Financial Protection Bureau’s study of credit reports, more than a quarter of Americans have at least one debt in the hands of a third-party debt collector.
Now the nation is experiencing the ramifications of the coronavirus pandemic people who cannot pay their debts are likely to face a barrage of lawsuits.
If you’re being sued by a lender, you have the right to defend yourself. Level One Law is ready to begin working with you immediately to prepare your case and ensure that your rights are protected. As a result of the lack of legal counsel and lack of action, many of these consumer litigation proceedings result in automatic judgments against the defendants.
Fighting Creditor Lawsuits
A legal action brought against you for unpaid debt is not something you should disregard. Your creditor must first file a petition with the court to begin the legal process of collecting on the debt. Each state has its own set of regulations, and the circumstances of each case can also vary. However, the fact that the action against you will proceed nonetheless stays constant.
The summons will tell you what the next steps are. A skilled lawyer will ensure that your answer to the court and any subsequent defenses against the action is handled with your best interests in mind and safeguarding your rights. We’ll go through your financial situation with you to decide the best course of action in court and make a recommendation based on the following:
- Was the summons served lawfully? If this criterion is not satisfied, the trial will stop.
- Can the claimant offer verifiable proof that you have the debt owing to them and any missing payments to the debt account?
- Is the creditor entitled to sue you because you owe money? The action cannot proceed if there is no evidence of a link between you and the creditor.
- Are there any time limits on this debt? Old debt may not be legally enforceable.
- Has the claimant violated the Fair Debt Collection Practices Act (FDCPA) in your case? If this is the case, a countersuit may be possible.
- If you’ve filed for bankruptcy, did you have your debts discharged?
Representing Your Case
The legal protections afforded to consumers are an essential component of our economy. However, those who choose to pursue cases must do it following the numerous and convoluted rules that govern the operation of the judicial system.
Find out if a qualified consumer protection lawyer can help you find a solution that works for you. For a no-obligation consultation, get in touch with a lawyer at Level One Law right away.