Learn More About Defending Against Debt Lawsuits
At the law firm of DiCesare, Davidson & Barker, our lawyers take pride in getting answers to every question that you might have. Below, we have provided answers to a variety of frequently asked questions about debt collection litigation. For specific answers about your case, we encourage you to contact us.
Who Is Suing Me?
Surprisingly, the majority of debt collection lawsuits are not filed by the creditor that you initially owed the debt to. Instead, these lawsuits are filed by debt buyers. Debt buyers are companies that buy up debt and then go to great lengths to collect the balance. Those efforts include filing lawsuits.
Is It Legal for a Debt Buyer to Sue Me?
In most cases, it is legal, provided they can prove they now own your debt. But this is something that they often have difficulty proving. In some cases, even if they own the debt and can prove it, they may have violated consumer protection laws while trying to collect from you.
Do I Have to Answer the Lawsuit?
Many people just ignore debt collection lawsuits. They assume that there is nothing they can due to fight them. When they ignore the lawsuit, a default judgment is entered against them. Not only does this look bad on a credit report, it entitles the debt collectors to take further legal action to get the money, including repossession and wage garnishments.
A better debt defense strategy is to file an answer to the lawsuit and fight back. Our attorneys are here to help. We can assess your case and explain your options.
What Happens if I Win the Lawsuit?
If you win, it means the court has decided that you do not owe the debt that the collectors sued you for. They must remove the debt from your credit report. Of course, they rarely do this without being pushed. We will push them.
Should I Talk to an Attorney About My Case?
We encourage you to. Contact us to schedule a free consultation about your debt defense strategy. Our lawyers are available to serve workers in Lakeland, Haines City and throughout Central Florida.
Legal Services Provided in English and Spanish
In addition to English speakers, our firm includes staff members and attorneys who are able to offer assistance in Spanish.
