Being in debt can be scary. You may have debt collectors calling you at home or work all day, sending you letters, and threatening to take legal action against you to recover their money. In some cases, they may even proceed with taking legal action, and you can find yourself facing a lawsuit. Most people do not simply fail to pay their bills. They do not pay the debt because they do not think it is their debt, or they do not have the money to pay it. If you have debt collectors hounding you and/or you are facing a lawsuit, a debt lawsuit defense attorney may be able to help you.
Can I Hire a Lawyer Prior to Being Sued for Debt?
If debt collectors are hounding you, you may find yourself wondering if you can hire a debt attorney without a lawsuit being filed. If you are in debt, both a debt lawsuit defense attorney and bankruptcy attorneys may be beneficial to you. They can help you determine if the debt is valid and determine if the debt collectors are legally able to file a lawsuit against you for the debt. There is a statute of limitations that changes from state to state that lays out how long a debt collector has to take legal action against you to collect the debt. Many debt collectors threaten legal action, even if the statute has tolled.
How Can An Attorney Help Me If I Have Not Been Sued for Debt?
First off, an attorney can help you determine if the debt collector is within the statute of limitations for collecting a debt. If the debt is valid and the debt collector can file a lawsuit over it, an attorney can help you negotiate the debt down. This can help you pay less for the debt you owe, yet get rid of it prior to an attorney filing a lawsuit against you. Alternatively, an attorney can take a good look at your finances and your debt, and help you to determine if an alternative, such as filing bankruptcy, may be a better option for dealing with your outstanding debt.
Can I Hire a Lawyer for Debt Lawsuits?
If you have been sued for outstanding debts, you may be wondering if an attorney will help you. Debt lawsuit defense attorneys can help you with any debt lawsuits, regardless of how small or large the amount is that the collector or company is suing for. A debt lawsuit attorney can come up with defenses that may help to get the case dismissed.
What Defenses Can an Attorney Raise for Debt Lawsuits?
There are many different defenses that a lawyer may raise if you are sued for outstanding debts. One of the most common issues raised is whether or not the debt collector is the debt collector actually owns the debt and is the proper party to bring the lawsuit. Another defense is whether you are the person who actually owes the debt. Many people have the same exact names and similar birthdates, so in some cases, the wrong party can be sued. Another defense is challenging the validity of the debt. In order to bring a case about, the other party has to show that the charges were legally made and were not fraud. Further,, an attorney can bring up the statute of limitations. If the debt collector waited too long to bring a case against you, they may be unable to recover money from you.
What Are the Benefits of Hiring a Lawyer for Debt Lawsuits?
There are a number of benefits associated with hiring a lawyer to help or defend you against debt lawsuits. First off, they can come up with defenses that may help get the case against you dismissed. If they are unable to get the case against you dismissed, they may be able to negotiate a settlement. A settlement reduces the amount you owe, making the debt more affordable for you to pay off. Lastly, an attorney can ensure that everything being filed against you is legal, and is not a scare tactic by the debt collector to get you to pay money you may not necessarily owe.
Are There Any Types of Debt That Attorneys Cannot Help With?
It is important to note that debt attorneys can typically help with unsecured debt, such as credit card debt. The collateral will be collected to pay down the loan. Additionally, debt collectors cannot help with federal types of debt, such as IRS debt and student loans, nor can they help with court-ordered debt, such as child support, an award from a past personal injury case or criminal restitution.
What Should You Look For in Debt Lawyers?
If you are looking to hire a debt attorney to defend you in a debt lawsuit, you want to find an experienced attorney. Ask the attorney how many debt defense cases they have had and how many of those cases they have won or lost. Ask the attorney how often they get cases thrown out, and if their approach is to settle debt or take the cases to court. Lastly, be sure to ask them how they charge for their services. Debt lawsuit defense attorneys will either charge by the hour or a flat fee for the case.
What Does a Flat Fee Versus an Hourly Rate Attorney Mean?
If you are looking to hire a debt lawsuit defense attorney, ask the attorney how they charge you, the client. Some attorneys will charge a flat fee. This means they will charge you a set amount of money to defend you against the lawsuit. Other attorneys will charge you an hourly rate. This means that they charge you a set amount for every hour they work on your case. With a flat fee, you know exactly how much you will be paying upfront, which can be beneficial.
Being in debt is not a position people want to find themselves in, but if you are in this position, you are not alone. Here at Debt Legal Defense, we can help you if you are dealing with debt collectors or have been sued for an outstanding debt. We charge a flat rate and offer affordable payment plans for our services. Reach out to us today to get started.