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Debt Collection

If you believe a debt was sent to collections in error, your first step should be to dispute it with the collection agency. If that doesn’t lead to a resolution, you may need to hire a debt help lawyer. An experienced debt defense attorney can walk you through your options when you have an account in collections or one that’s being threatened to go into collections.

First, know that a debt collector can’t threaten to sue a debtor unless they have the legal right to do so. If they’re going after a time-barred debt, for example, you can’t be sued if the statute of limitations has passed. If the lawsuit is valid, it’s important to take it seriously and contact an experienced debt help attorney right away. Either way, you should hire a debt collection defense lawyer who can examine your debt and advise the best course of action, whether that’s defending you in court, negotiating a settlement, or even filing a counterclaim against a creditor.

A judgment is the result of losing a lawsuit in court. A creditor must normally sue you in order to obtain one, but that is not always the case. If the creditor successfully wins the lawsuit in court and obtains a judgment against you, they can use stronger tools to collect the debt from you, including garnishing your wages, freezing your bank account, and/or placing a lien against your property.

If you fail to respond to a lawsuit, or the court finds that you do owe the debt in question, you will end up with a default judgment or other judgment against you. At this point, you have several choices for how to proceed. An experienced debt relief attorney can help you decide the best route to take with a judgment against you. That could include deciding whether to pay the judgment or going to court to challenge it. But don’t wait — a judgment can have lasting, long-term consequences for your ability to borrow, your credit, and your finances if it’s not handled right away

Debt collectors are required by law to verify your debt if requested. This means they must prove that you owe the debt, the amount owed, and that they are the ones owed the debt. If the creditor can’t validate this information, then you may not have to pay the debt in question. It’s a good idea to involve an experienced debt help attorney when verifying a debt to ensure it’s done properly.

Yes. If your wages are being garnished by a creditor, call our offices ASAP.  In some cases, handling wage garnishment can be too complicated or time-consuming to do on your own. We’re experienced in resolving judgments, liens and frozen bank accounts and can help you.

The amount you end up settling for will depend on a few factors, including how much you owe, how far behind you are on payments, who you owe, and more. A reputable debt settlement attorney will have the right connections and negotiation skills to get you the best deal possible, quickly and within your budget.

Debt collectors have to operate according to the rules outlined in the Fair Debt Collection Practices Act (FDCPA) on consumer-based debts. According to the law, a debt collection agency may call you, but only between the hours of 8 am and 9 pm. They may also contact you via U.S. mail, email, or social media. However, debt collector contact cannot be excessive or harassing in any way. Collectors also must stop contacting you if you request, except in the case to share important legal updates.

The statute of limitations on debt refers to the length of time a creditor has to file a debt lawsuit against you or collect the debt legally. Once the statute of limitations has passed, you can no longer be sued for a delinquent time-barred debt. The exact period depends on the state, but it’s typically three to six years. The statute of limitations on debt in New York, for instance, has recently been updated to three years. Call us to see if your debt is out of statute.