Debt Collection Defense Attorney in Miami
Experiencing debt is a part of anyone’s life. These expenses may often take the form of credit card debt, student loans, car loans, mortgages, medical bills, as well as numerous other examples. Unfortunately, situations may often occur in life that leads to these bills going unpaid.
As debts mount, you may possess only a short amount of time before a creditor sues you. Once a process server presents you with the papers, this will only exacerbate the stress. Many individuals simply give up and give in, thinking that there is nothing they can do. However, there is a recourse, and not acting is the worst possible choice.
Very few collections cases reflect an open and shut case. There is a shady universe of buying and selling your debt to other companies. A number of entities exist that impart a business model involving buying debts for pennies on the dollar. Once they acquire the debt, they go out and begin collection attempts until this inevitably results in a lawsuit.
Fortunately for debtors, this process of buying and selling debt is quite often defective and illegal. Documentation that these entities need to prove their case can get lost, invalidating a suit. Nevertheless, the collections industry continues in this business because they continue making money.
They make this money because consumers don’t understand the situation well enough to challenge it with a debt collection defense attorney in Miami. For this reason, debt collectors can rely on fear, despair, as well as this ignorance to continue profiting.
Debt Collection Practices
In the worse instances, a creditor or other company may attempt to rip off their debt purchasers by selling your “exclusive” debt rights to more than one company. Due to this practice, you can never wield certainty that the company suing you actually wields the right to engage in this lawsuit.
These collectors hope that you fail to respond to a lawsuit, or don’t appear in court. In this instance, you give up your right to defend the case. This leads to a default judgment against you, and in the favor of the creditor. The collector will win the case, giving them the right to collect your money for up to 20 years.
After this judgment, you lose any shred of leverage. The court will require that you fill out a detailed questionnaire concerning what you own, and its potential valuation. They may additionally require you attend a deposition where an attorney will ask you questions with a court reporter recording each and every word.
Many individuals will experience wage garnishment as a result of a judgment against them. This is up to 25% of their earnings sent to the collector until the judgment, interest, as well as attorney’s fees, are paid off.
If you fight back with a debt collection defense attorney in Miami, you might win. It is possible that the attempted case against you has no standing. They might also lose the evidence they need to prove their case against you.
Unfortunately, a case may be air-tight. Nonetheless, a debt collection defense attorney in Miami could work a deal to pay the debt for a discount, or with a workable payment plan. If the plaintiff purchased your debt for pennies on the dollar, they may possess enough cushion to negotiate a settlement.
When you struggle to make a living, this may lead to an extremely stressful time in your life. Collections actions often make people feel threatened, harassed, as well as fearful. Luckily, a debt collection defense attorney in Miami can help you end your stress while taking back your life.
Anyone who fails to pay their debts for any reason will likely suffer from a seemingly endless barrage of calls and letters. These might originate from the creditor, or another company the sold the debt to.
None of these entities makes any money unless they can reclaim the debt. Although some companies reflect honest and reputable collectors, too many stop at nothing to collect a debt. They will engage in predator actions regardless if these may represent illegal or unethical tactics.
By utilizing the services of a debt collection defense attorney in Miami, you can gain control, while ending the illegal harassment. In many cases, a court will additionally award you financial damages while making the other side pay your attorney’s fees.
State and federal law protect Florida consumers from harassment by debt collectors. No matter if this is repeated phone calls, threats, or contacting friends and family about your debts, debt collectors cannot legally engage in these activities to collect a debt.
Debt Collection Defense Attorney in Miami from the Law Offices of Paul A. Humbert, P.L.
The Law Offices of Paul A. Humbert, P.L. focus our practice on assisting individuals with debt issues. When a creditor files a lawsuit against you, the truth is that you need help. It’s okay to possess fear, especially when you have never been sued before.
Nevertheless, don’t begin this situation without a debt collection defense attorney in Miami. This experienced and qualified professional can guide you through an often complex and convoluted legal system.
For more information on a debt collection defense attorney in Miami from the Law Offices of Paul A. Humbert, P.L. contact our professional legal staff today! We want to help you overcome an unfortunate debt issue as well as provide an optimal outcome in court!