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WHAT IF I AM SUED BY A DEBT COLLECTOR OR CREDITOR?

  • Jared Hartman, Esq.
  • Posted on March 16, 2014

 

You MUST contact an attorney right away to evaluate your case! Debt collectors and credit card companies often file a high volume of lawsuits without all the necessary documentation to actually prove their case, and they often rely on false proofs of service that fraudulently claim the consumer was personally served.

There have been many times where the debt collector or credit company wins default judgment against a consumer and then starts issuing levies upon the consumer’s bank accounts even though the debtor was not even aware she or he was sued because the proof of service fraudulently claims the consumer was served!

There are also many times when a debt collector or credit card company files a lawsuit without sufficient proof to actually win the lawsuit because they don’t have proof that the person sued is actually the person who owes the debt or they don’t have proof that they are within the statute of limitations, but because the consumer was too afraid to appear in court they didn’t show up and then the debt collector or credit company gets default judgment for a case that they could not have even won in the first place!

It is also a violation of consumer rights to be sued in an area of the state that is inconvenient and detrimental for the consumer to have to appear in.

Even if the lawsuit is legit and the consumer has been personally served, the debt collector or credit company may have violated the Fair Debt Collection Practices Act in their methods of trying to collect the debt before filing the lawsuit, and they are therefore subject to a cross-complaint for their own legal violations. Many times the amount of money they owe the consumer for violating consumer rights far exceeds the amount of the alleged debt upon which they have filed the lawsuit in the first place.

The bottom line is, if you are being threatened with a lawsuit or if you have received notice that you have been sued by a debt collector or credit company, YOU MUST CONTACT AN ATTORNEY RIGHT AWAY. Our offices provide free and confidential consultations to evaluate your case, and if we discover a basis to file a lawsuit against them for violating your consumer rights then we can represent you at NO COST TO YOU. We have been successful in having many lawsuits dismissed against our clients because the debt collection and credit companies have realized that our lawsuit against them for violation of consumer rights could far exceed any amount of judgment they could obtain from the consumer.