Hire a Debt Collection Defense Attorney in Kendall against Collection Lawsuits
If you receive a lawsuit from a creditor seeking to remedy a debt, you may decide to hire a debt collection defense attorney in Kendall to represent you. When you need help defending against a lawsuit regarding a debt, a few considerations exist that include how to find a legal professional to represent you. It will also concern what to expect, and ensuring you sign a retainer agreement.
Nevertheless, your need for representation depends heavily on the probability that a creditor could prevail against you. Additionally consider if they can successfully collect on the debt. Even in scenarios when you don’t need an attorney, they could still help you evaluate the case to determine your best course of action.
Dealing with a Debt Collection Lawsuit
If a creditor sues you, you will possess three primary choices to deal with this lawsuit:
- Allowing a creditor to obtain a judgment against you with no defense. This is called a default judgment.
- Defending against the lawsuit on your own.
- Enlisting a debt collection defense attorney in Kendall.
The best option in this scenario additionally depends on a variety of factors:
Is the Debt Valid?
If you owe the amount of money, a creditor seeks in a lawsuit, enlisting a lawyer is often a waste of time and money. Without an ironclad defense or a valid counterclaim, a creditor will likely easily prove their case.
Unfortunately, this means that you will then owe the total judgment amount, your attorney’s fees, in addition to the courts potentially requiring you pay for the creditor’s attorney fees as well. Several case types require the losing party pay for their opposition’s legal expenses.
Do you possess a Defense or Counterclaim to the Lawsuit Against you?
When you wield a valid defense to a lawsuit, hiring a debt collection defense attorney in Kendall makes sense. Hiring this lawyer will ensure that you possess the best information available to defend your case, additionally saving time and money in the long run.
Some common defenses in debt collection lawsuits include:
- Statute of Limitations
- Creditors filing a case within the wrong court
- A creditor’s inability to produce the original paperwork proving you owe a debt
You may also have the right to a counterclaim. This is a claim that you can make against the creditor. However, most states require that this counterclaim relates to the transactional issue in the creditor lawsuit.
This essentially means that you can file a counterclaim alleging that a creditor harassed you to collect a debt, but it is not a defense to the underlying debt. This is not a counterclaim, but a separate claim that you can file another issue.
A counterclaim is a claim related directly to the debt itself, i.e., the debtor’s case is not valid against you. If you prevail in this scenario, you may obtain a money judgment against the creditor in the case. Filing a counterclaim may also induce a creditor to withdraw their case entirely.
What to Expect in an Initial Meeting with a Debt Collection Defense Attorney in Kendall
As you look for the best legal defense team for your lawsuit, it is essential to set up multiple meetings with a few lawyers. This way, you can compare and contrast their provisions and services. In each initial consultation, bring the lawsuit papers with you, in addition to any paperwork you possess concerning the debt.
The attorney will likely ask you questions about how old the debt is, the behaviors of the collection specialists you encountered, and any additional information that may help them design and implement a defense. This information can also help them reduce the amount you owe.
A debt collection defense attorney in Kendall may also ask you questions about other debts. This will help them determine if another option such as bankruptcy represents a better option for your needs.
Nonetheless, you should also ask the attorney about their experience, the experience they wield in cases like yours, how long they expect the case to last before a settlement, how they can keep you informed, and whether or not they negotiate case themselves or through a paralegal staff.
A Debt Collection Defense Attorney in Kendall from the Law Offices of Paul A. Humbert, P.L.
Once you enlist a debt collection defense attorney in Kendall, you must cooperate and prove them with the necessary information to proceed with your case. Find an attorney where you can expect competence, ethical behavior, and communication as the case progresses.
Also, keep in mind that lawsuits for relatively small amounts can continue to grow as a case evolves. This stands if a creditor obtains a judgment against you. The creditor will additionally likely ask the court to include not only the debt balance, but also their attorney’s fees, court costs, and interest. After all, once they enter the judgment, it will accrue interest until you repay the debt.
Under these circumstances, you may discover that you remain liable for a significant amount in the hundreds or thousands over what you initially expected at the conclusion of the case. For this reason, finding an attorney to help you settle and negotiate your case remains imperative for a fair and just outcome.
For more information on how our debt collection defense attorney in Kendall can help you, contact the Law Offices of Paul A Humbert, P.L. today!