California Collection Defense Attorney
If you have been sued on a debt:
- Do not assume there is nothing you can do.
- Do not assume you will lose.
- Do not assume you owe what they allege.
- Do not assume there is no one who can help.
- Do not assume a lawyer will cost too much
Fitzgerald & Campbell, APLC is dedicated to making sure creditors follow the law to prove what you owe. Our motto is: Admit Nothing! Demand Proof!
Featured Case Results
- A lawsuit in the amount of $51,577.91 was settled for $16,800.00
- A lawsuit in the amount of $24,538.19 was settled for $0.00
- A lawsuit in the amount of $14,028.52 was settled for $0.00
DISCLAIMER: Every case is different. Results depend on the unique law and facts of each case. Fitzgerald & Campbell, APLC makes no guarantees or warranties about the outcome of any particular matter or, case. The Fitzgerald & Campbell, APLC website, or the information contained within the website, should be construed as ATTORNEY ADVERTISING.
Collection Defense Options
1) Defend the Lawsuit with the Help of an Experienced Debt Defense Attorney
By simply filing an Answer in court you extend the time before any judgment can be entered against you. This time can be crucial in getting you the time you need to determine your next step. We strongly encourage everyone who is sued by a creditor or collector to at least do this. By just filing this single document you have a chance at winning. The best settlements come when contesting the case.
Debt collectors and their attorneys are like predators trying to find the easy meal. They’re looking for the weakest, easiest to catch prey they can get their teeth into. You don’t have to be the fastest or the strongest to escape the predator. You just have to show the predator that you’re going to put up a fight, and it’s going to take a lot of time and energy to chase after you.
2) Ignore the Lawsuit
This WILL result in a Judgment being entered against you. With a Judgment, a creditor can garnish your wages (of you AND your spouse), levy bank accounts, lien and sell your real estate, and many other enforcement actions against any assets you have.
Ignoring any lawsuit is a BAD IDEA. At a minimum get a free consultation from an experienced lawyer in your state. Knowledge is power. Make an informed decision.
3) Settle the Lawsuit
In cases where the amount is small, sometimes the best thing is to settle it right away. That is, settle it instead of contesting it. This won’t always get the best or lowest settlements, but the time and money to contest a case can make fighting it a bad financial move. For example, if you are sued by Wells Fargo for $1200, it makes more sense to settle it for $700 that to pay court filing fees and lawyers a total of $1000.
Many debt buyers and collection agencies buy bad debts in bulk from creditors and other agencies for pennies on the dollar owed. A plaintiff may be willing to accept a fraction of the original debt in a lump sum to resolve the issue. This is particularly true when they are made to prove up their case.
4) Do It Yourself
This is a BAD idea for many reasons and here is just one: collection attorneys love when you represent yourself (the only thing they like more is if you ignore the lawsuit entirely!) because they don’t have to worry about have all the documents necessary to win. If you are in court they can “prove up” their case out of your mouth! That’s right! They only need to ask you two questions: 1) did you have the account? and 2) Did you pay it? With an experienced attorney on your side its way way harder for them than that!
5) File for Bankruptcy
Depending on the type of debt, this may eliminate the debt entirely. Bankruptcy should always be reviewed as an option to terminate a collection lawsuit. Of course, you have to qualify and there can be downside to a bankruptcy. But if you have a lot of debt and no ability to pay it, it makes sense. Bottomline: find out if bankruptcy is even an option for you, even if you decide to not go that route.
Know Your Rights!
If you’ve been sued on a debt, don’t give up! You have rights and just because a lawsuit has been filed doesn’t mean it will be successful. Banks and creditors often make mistakes in the loans, in the payment history, in the filing of the case. They are not perfect. They also violate Federal Collection laws regularly. They don’t always show up in court! Its true what they say: Showing Up is Half the Battle! Contact our seasoned Collection defense lawyers to assess how we can save you significant sums.
Our Promise to You
The best way to do this is to have Fitzgerald & Campbell, APLC represent you. We have decades of experience fighting these cases. Mr. Fitzgerald himself has been a consumer lawyer for over 30 years. He has a staff of over 35 people that are specifically trained for these types of cases. We do not do any other type of case. You will not find a better team to represent you in a Collection Defense Case.
We will make them prove up their case. We will make it difficult for them. We will make it not profitable for them to pursue you. We will hold them to the letter of the law. We will make sure that you are treated equally and fairly. You owe it to yourself and your family to use your money wisely and that includes only paying those debts you are legally obligated to.
At Fitzgerald & Campbell, APLC we can help. Our process is simple. All that is needed is an attorney who is willing to fight hard for you, an attorney who does not blindly accept what collectors say, an attorney who is willing to remind the judge of what the law requires.
Our fees are all flat, fixed, and include all expenses, including court filing fees. You WILL NOT receive any “surprise” bill or expense. They also include GOING TO TRIAL as we know it is important for creditor attorneys to know we are ALL IN for our clients.
We do not “coach” as that is a big mistake in these types of cases. We do not charge one fee for this and one fee for that. When we are your attorney, WE DO EVERYTHING.
We are extremely affordable and offer very affordable payment plans. Call/email/text/chat or use the contact form to speak with a representative 24/7.
Schedule your free consultation
One of our Case Analysts will get in touch with you to schedule your consultation.