How a Debt Collection Defense Attorney in Miramar Can Help You
In Florida, a lawsuit begins when you receive two documents, a summons, and a complaint. You will receive these documents from a process server, or another court-appointed official such as a local sheriff’s deputy.
If you receive a summons and/or complaint against you, time is of the essence. The summons will inform you about a legal action that has begun against you, outlining that you have 30 days to respond. The complaint will state what the legal action concerns. This is not a situation to take lightly or to endure alone. Seeking out a debt collection defense attorney in Miramar immediately remains the best course of action for the best possible outcome.
Avoiding Default Judgments against You
If you remain unable to respond to the complaint within 30 days, the debt collector can then move for a default judgment. This is a judgment that they enter against you without needing to prove that you owe the debt. A default judgment essentially enables the court to continue the case without you there. The court will grant a victory in favor of the creditor. Only a defense against the legal action will prevent this.
The best time to consult with an attorney is immediately after you receive the summons, as well as the complaint. This will give the debt collection defense attorney in Miramar enough time to prepare a response within the 30 days, avoiding a potential default judgment against you.
The best debt collection defense attorneys make the collector prove the validity of the debt. Creditors must demonstrate that they own the debt. The good news is that in most cases because creditors do not possess enough evidence to go to trial.
Our firm, the Law Offices of Paul A. Humbert, P.L. possesses substantial experience dealing with major debt buyers. We make specific requests to obtain creditor proof. Our team can also strategize to get the debt collector to admit they don’t wield the necessary proof for a case.
You Posses Options to Handle Your Debts
Once a debt collection defense attorney in Miramar confirms that a debt collector doesn’t possess adequate documentation, you will typically possess two different options. You can either file a motion dismissing the debt collection case or take the case to trial.
In these scenarios, it is very likely that the collector doesn’t possess the evidence to maintain the case. This often leads to low settlements, even outright dismissal of the case by the court.
Our firm seeks out a variety of potential defenses that we base on consumer protection laws. These might include the Fair Debt Collection Practices Act (FDCPA). It is not uncommon that a debt collector violates these laws. The attorneys from our firm uncover these violations while we defend consumers, using the information as leverage against debt collection entities.
Understanding Your Rights
Although it may seem easy, a debt collection lawsuit is not easy to combat. Debt collection law imparts numerous laws and regulations that often remain difficult for the average consumer to understand, let alone navigate. For this reason, seeking out a debt collection lawyer is a prudent move when facing a lawsuit.
By enlisting a debt collection defense attorney in Miramar, you possess an increased chance of understanding rights violations. This includes upholding your rights as you collect any potential applicable damages.
Under State, as well as Federal regulations, debt collectors must follow specific rules regarding how they can communicate debt collection issues. When debt collectors violate these laws, you may potentially collect damages from the collector.
These violations may include:
- Emulating government agencies or law enforcement
- Communicating or threatening to communicate with employers
- Reporting information to individuals outside the debtor’s family
- Harassing behavior
- Using obscene, profane, vulgar, or abusive language
- Enforcing debts in addition to other legal actions that remain illegitimate
Debt Collection Defense Attorney in Miramar | the Law Offices of Paul A. Humbert, P.L.
Don’t let yourself experience victimization at the hands of a debt collector. A debt collection defense lawyer from our firm can help you while representing your best interests.
When you believe that a debt collector or creditor violates collection laws, you can schedule a consultation with a qualified debt collection defense attorney in Miramar from the Law Offices of Paul A. Humbert, P.L.
We defend individuals in collection suits against debt collectors and debt buyers. Regardless if you experience legal action against you from a credit card company, debt collector, debt buyer, collection agency, or another lender, you can remain confident in our years of experience fighting against these entities in and outside of court.
Our team additionally lends experience at settling debts. An attorney can contact the debt collection lawyers as an advocate on your behalf. We will then work out a settlement that remains fair to you. This will help you create an environment where you can pay the settlement without experiencing abusive, harassing behaviors from debt collector contact.
It is a misconception that you remain at the mercy of your lender when you owe a debt. Our firm wants to help you overcome a debt collection situation. For more information on a debt collection defense attorney from the Law Offices of Paul A. Humbert, P.L. contact us today!