A Debt Collection Defense Attorney in Hialeah Can Help your Case
So a debt collector is suing you. This process starts with two pieces of documentation, the court summons, as well as a complaint. A county sheriff or licensed process server will typically serve both these documents. However, they don’t need to give it to you personally. They may decide to leave the summons and complaint at your place of residence, inside of your mailbox, or even inside the door.
A summons informs a defendant that a lawsuit had started, as well as their involvement. It additionally gives a defendant 30 days for response time. The complaint will state specifically what the suit is about.
Regardless of the legal action that a creditor (plaintiff) takes against you, or the validity of the case, a debt collection defense attorney in Hialeah can help guide you through the situation with a comprehensive action in defense against a legal proceeding.
Avoiding Default Judgments
If you receive a court complain and do not respond within 30 days, the debt collector in the case will probably ask for a default judgment. This is a judgment that they enter against you without the court requiring proof that you owe the debt. Only by enlisting a debt collection defense attorney in Hialeah and defending the lawsuit can prevent this from taking place.
For this reason, the best time to consult with your debt collection defense attorney in Hialeah is right after you receive the summons, as well as the complaint. This will provide the attorney with enough time to prepare their response. The response must take place within 30 days to ensure that the creditor cannot levy a default judgment against you.
The Burden of Proof is on the Debt Collector
A good debt collection defense attorney in Hialeah will put the debt collectors in a position where they must prove the debt’s validity. In this position, debt collectors must demonstrate that they own the debt.
Many times, a debt collector will initiate a case without adequate evidence to go trial. A qualified debt collection defense attorney in Hialeah likely wields a substantial amount of experience dealing with major debt buyers. They can request to obtain the documents they need verifying proof or get them to admit they don’t possess this documentation.
Debt Collection Defense
Enduring harassment from debt collectors? Has a debt collection company initiated a lawsuit against you? You can fight back with the assistance of a professional debt collection defense attorney in Hialeah.
The Fair Debt Collection Practices Act or FDCPA protects consumers from unethical debt collectors and their practices. For instance, it is illegal for a debt collector to call during the middle of the night. It is additionally unlawful for debt collectors to threaten you by making claims regarding criminal punishment.
If a debt collector has already started legal action against you, there are still options to help you fight back. Companies in the United States regularly buy and sell debts, especially consumer credit card debt.
A credit card company will often sell their rights to a debt collector. This means that it is not the credit card company that enacted the lawsuit. However, the debt collector that “purchased” your debt is engaging in legal action.
A debt collector must demonstrate with legal documentation, to convince a court that they remain in their legal rights to collect a debt that you owe. It is not uncommon that the debt collector cannot prove the validity of a debt, or that you represent the debtor that owes them.
A professional debt collection defense attorney in Hialeah can often stop numerous collection attempts due to their experience showing the court that the collector cannot demonstrate their right to sue. They may even accomplish forcing the debt collector to pay for their abuse of the civil justice system for unethical resources.
A Debt Collection Defense Attorney in Hialeah from the Law Offices of Paul A. Humbert, P.L.
The Law Offices of Paul A. Humbert, P.L. serve as a crucial resource to defendants in the South Florida community. Our legal professionals can help you gain control in your case while you end seemingly endless creditor harassment. The truth is that in these scenarios, you will need the assistance of a debt collection defense attorney in Hialeah. They can help you navigate complex legal waters.
Our legal team can additionally help you negotiate payments and deals concerning your debts, often for a discounted total, even in air-tight cases where a debt collector does their due diligence and acts within the confines of the law.
When you fight a debt collection lawsuit with a debt collection defense attorney in Hialeah by your side, you might win. We frequently see debt collection cases with no legal standing, or where a debt collector previously lost the evidence. This will create a situation where they cannot prove their case against you.
If you struggle to make a decent living, like so many other Americans, creditor harassment is the last thing that you need. A debt collection defense attorney in Hialeah from our firm will help you end your stress while you regain control of your life. There is no reason to take on this situation on your own.
For more information on a debt collection defense attorney in Miami from the Law Offices of Paul A. Humbert, P.L., contact our team today!