Debt collectors will use many methods to collect outstanding payments. Initially, threatening letters and emails along with continuous phone calls. If you have secured your debt against your home, car or other assets they will attempt to foreclose / repossess the property. When none of these methods result in debt repayment, they also have the ability to litigate the debt in court.
If you have received a summons or notice of legal action against you this is something you need to take it seriously but also know that you are not alone. Currently in the US 10’s of millions of Americans are involved in the process of consumer debt litigation. Regency Legal Group can protect your rights and defend you against this litigation.
Dealing with Consumer Litigation
When a debt collector is unable to obtain repayment by other means they can take you to court. You will receive an official document from the courts which is called a summons. In the summons your responsibilities and how you are required to respond will be explained. Ignoring a summons is not recommended because with or without your involvement the case against you will move forward. The wise course of action to ensure your rights are protected is to obtain legal representation.
We will evaluate your case and then work together with you to determine the most suitable defense. Some of the most common approaches to defending consumer debt ligation that we can take on your behalf include:
- Statute of Limitations: The FDCPA has provisions that set out timeframes in which a creditor needs to file lawsuit against you regarding your debt. A lawsuit that is not within this period would be a violation of the act.
- Lack of Standing: In order to take you to court for a debt owed the creditors must prove to the court through documented evidence that you owe them money.
- Failure to Credit Payment: Evidence must also be provided to the court showing all transactions on the account of the debt, including payments made and missed.
- Improper Service: There are specific laws that dictate how creditors must serve you with a summons. A failure to notify you of impending litigation may result in a default judgement that we can fight and apply to have it vacated.
Consumer Litigation: Other Options
If your situation is that no defense can be mounted, in some states you have the option to accept liability for the debt. A summary judgement would then be issued by the judge and you will be responsible for the debt. Before this takes place you also have the option to offer to settle the debt out of court. Creditors are often open to this and as your attorney we will work to negotiate the best possible settlement for you.
There are currently cases pending by creditors for every type of debt including consumer debt such as loans (personal and auto), outstanding medical bills, and credit cards. Call Regency Legal Group today for help in defending yourself against consumer debt litigation. All cases are evaluated free of charge.
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