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Top Reasons Why You Should NOT Defend Yourself Against A Debt Collection Lawsuit

  • Sep 26 2016

Every American citizen has the right to defend themselves in a court of law, whether it be a civil or criminal case. Though most of us probably wouldn’t seriously consider doing so when faced with serious criminal charges, you may be surprised at how many individuals choose to defend themselves in lawsuits for unpaid debt. For a variety of reasons this is not the best idea. Here are some of the top reasons why you should never represent yourself in a collections suit.
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First and foremost, you are unfamiliar with the specific legal rules and procedures applicable not only to the merits of your case, but to the specific requirements of court. There are certain formalities that you must abide by when drafting and submitting court papers. There are also specific deadlines or time limits within which you must perform certain acts. Failure to meet these deadlines can result in a waiver of certain arguments that you needed to raise, and sometimes, in a judgment being entered against you. Once a judgment has been entered, it is very difficult to get out of it. And if you fail to pay it, then you can face further litigation and possibly even arrest.

Likewise, you are not familiar with the substantive law the way that your attorney will be. Your attorney will know whether certain legal defenses are available that you have probably never even heard of, defenses that could limit or entirely relieve you of any liability for the alleged debt.

Second, if you choose to represent yourself, you will be going up against experienced attorneys. These lawyers work for the lenders and prosecute hundreds of these cases each week. They know the law and the available shortcuts, they’ve won cases like yours in their sleep. Heck, they may even know the judge. Not only does this place you at a disadvantage in court, it’s downright intimidating. As if you weren’t nervous enough, this level of intimidation can easily lead you to make careless and catastrophic mistakes.

Third, simply by hiring an attorney, you may be able to make the lawsuit go away. Creditors and debt collectors run a high volume business. Most of their profits come from unsuspecting debtors who simply pay the money demanded out of fear. If you have an attorney, the creditor or debt collector may not be interested in expending the time and money necessary to battle with your lawyer. Knowing they can easily collect money from those who are not represented by attorneys, they may just dismiss your case and move on.

Finally, your attorney (unlike you) is not emotionally involved in your case. Though they will fight for your rights to the best of their ability, your lawyer did not experience the collection calls and demand letters, does not know the feeling and emotional toll of your financial struggles and/or the frustration associated with this lawsuit. Moreover, your attorney’s credit history and financial stability are not on the line. It is always easier and more effective to handle legal matters with a clear head. Accordingly, avoid getting caught-up in a whirlwind of negative emotions and let your attorney do the work for you.

You should always hire a knowledgeable consumer rights attorney if you have been served with a debt collection lawsuit. You may be surprised at how affordable the legal fees are, and most consumer rights attorneys offer free initial consultations.

Even if you believe you owe the debt, your attorney may be able to negotiate more favorable options on your behalf or have your case dismissed altogether. At Fitzgerald & Campbell, APLC, our attorneys have decades of experience successfully representing clients against collection claims and all other types of debt defense cases, and we are here to help you!

Call us today for a free consultation at (855) 709-5788, or email us at info@debtorprotectors.com.

Posted in: Credit Card Lawsuits, Debt Collections, Debt Questions, FDCPA, Judgments, Loan Debt