When a consumer falls behind on their debt payments, there may come a point where their creditor files a civil suit against them to collect the debts owed. Such aggressive action must still follow debt collection laws and cannot violate the individual's consumer rights. These lawsuits are usually a creditor's last resort to obtain repayment, generally after collection calls or auto repossession.
I’ve Been Sued by a Debt Collector. What Do I Do Now?
If you have been sued by a creditor, the first step you should take is to hire a Philadelphia debt collection defense attorney from the offices of Michael P. Forbes, PC.
After you have retained aggressive legal representation, you will have the counsel and guidance you need to negotiate with your lender to settle your case outside of the courtroom, or the representation you need should your case go to court.
Creditors are usually willing to negotiate a satisfactory settlement, since the litigation process is time-consuming and often expensive. The best decision you can make if you are facing a lawsuit is to get the legal assistance you need to ensure that you avoid a messy and damaging trial case.
Don't Ignore a Lawsuit. You Can Win It. Even if You Owe the Debt!
Below you will find some basic information and tips that will help you defend yourself if you are being sued by a credit card company.
These tips will guide you, but the only way you can be assured to a great defense is by having representation by a lawyer who defends these types of cases on a consistent basis. That is what we do here at Law Office of Michael P. Forbes, PC.
The best advice I can give you is to call me immediately for a free case review.
Alternatively, in the event that you feel that you can handle matters on your own or if you don't feel comfortable contacting me at this time, I am offering you a sensible strategy that could work for you, if executed properly.
A word of caution:
These actions are not easy to take and most of the time consumers hire lawyers to defend them rather than become mired in the complexities that come along with lawsuits in general. Like the old saying says,
"A lawyer who defends himself has a fool for a client."
Remember, you can call my office first at (610) 991-3321 before you begin to try to take matters into your own hands. We offer a free case review.
ATTENTION: Under no circumstances should you ignore the lawsuit. The credit card companies and the debt buying companies count on you to do this so they can get a lien against your property. Most of these cases are winnable, even if you owe the debt, because the credit card companies, and especially the debt buyers, seem to have a lot of problems proving their case due to a lack of the proper documentary evidence required under the law.
If you are being sued, you should do the following:
- FIRST AND MOST IMPORTANTLY - READ THE LAWSUIT VERY CAREFULLY. If there are any untruths in that Complaint, you must file the appropriate response. Pay particular attention to the numbers to see if they are consistent and to the documents. You will rarely find that the original contract or assignment documents, if any, are attached to the Complaint.
- Request a validation of the debt from the creditor who is suing you. They must provide you with a written, signed statement of the verification of the debt by mail.
- Although you can contact the creditor who is bringing the lawsuit against you and try to negotiate a payment plan, very often the creditor will try and take advantage of you and bully you into a bad deal. Be careful!
- Always correspond by using certified return receipt U.S. Mail. Always get a name of who you were speaking with. Keep track of your discussions with them, such as dates and times.
- If you are in the financial position to pay off the debt completely, you can do that, but make sure that the creditor's numbers are correct and that they provide written proof that the debt is satisfied in full.
- You could file bankruptcy which would halt the lawsuit, but this might not be the best strategy for your overall financial well-being.
- Check the statute of limitations to confirm that the time period of when the creditor can sue you hasn't passed. This is the time period allowed that a creditor can bring suit against you. The time begins after failure to make your last payment. The length of time depends upon what state you reside in. If the time period has lapsed you can request that the lawsuit be dismissed by the Court.
The above tips will guide you, are for educational purposes only and are not intended to be relied upon by you. The only way you can be sure to mount a great defense is through representation by a lawyer who defends these types of cases on a consistent basis. That is what I do.
Protection From Credit Card Companies
At The Law Office of Michael P. Forbes, PC, we encourage you to get the help you need with any credit card company that has filed a lawsuit against you.
We commonly hear from clients who have been sued by the following companies:
- Fulton Friedman & Gullace, LLP
- Ability Recovery Lawsuits
- Advantage Assets Lawsuits
- Apothaker and Associates Lawsuits
- Arrow Financial Lawsuits
- Asset Acceptance Lawsuits
- Atlantic Credit & Finance Lawsuits
- CACH Lawsuits
- Cavalry Lawsuits
- Capital One Lawsuits
- Equable Ascent Lawsuits
- FIA Card Services Lawsuits
- Hayt Hayt and Landau Lawsuits
- Hilco Lawsuits
- ICS Lawsuits
- LVNV Lawsuits
- Main Street Acquisitions Lawsuits
- Midland Funding LLC Lawsuits
- National Collegiate Student Loan Trust Lawsuits
- Northstar Lawsuits
- Palisades Lawsuits
- Portfolio Recovery Services Lawsuits
- Recovery Services Lawsuits
- Traf Group Lawsuits
- Unifund Lawsuits
- Van Ru Credit Lawsuits
- Weinberg and Associates Lawsuits
- Windsor Equity Group Lawsuits
If you have been sued in Pennsylvania by any of the above companies, contact the Pennsylvania debt collection defense lawyer at The Law Office of Michael P. Forbes, PC to get started on your case today.
Why Hire Michael P. Forbes?
My firm will provide the counsel and guidance you need and welcome you with a judgment-free atmosphere. I understand that your financial situation may not be your fault.
More than anything, I want to help you fight creditor abuse and protect your consumer rights regarding your debts. I have more than 25 years of experience in debt collection law and will fight tirelessly to ensure that you win the best possible results for your case.
Call (610) 991-3321 today to contact our Philadelphia debt collection defense lawyer and schedule your free initial consultation.
My goal is to reach as many people as possible to let them know that they do have the option to combat collection agency bullies.
CommittedMy firm is proud to deliver high-quality legal representation and compassionate counsel during this difficult time.
Over 25 years of experience and the qualifications to fight for you and your rights.
We fight back and make the debt collector pay YOU money for their abusive, harassing behavior.
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I trust Michael and as a result I highly recommend him.Heather C.
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"They are very straight forward and told us what to expect each step of the way. They are tireless advocates for their clients and profession."RD & AD
Michael P Forbes
VOTED AS ONE OF PENNSYLVANIA'S TOP LAWYERS
Mr. Forbes has always been driven by the desire to help others. With that in mind he began his law career representing indigent families in the Philadelphia family law system for seven years.
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