Los Angeles Debt Collection Lawsuit Defense Lawyer

What is a Collection Lawsuit?

A collection lawsuit is a legal action taken by a creditor or a debt collector to recover unpaid debts from a borrower. In California, if a person or business fails to pay their debt, the creditor can file a lawsuit in civil court to obtain a judgment against the debtor. This judgment allows the creditor to use legal means, such as wage garnishment or bank levies, to collect the owed amount. The process begins with the creditor filing a complaint and serving it to the debtor, who then has the opportunity to respond and defend against the lawsuit.

What Defenses Can I Raise in a Collection Lawsuit?

There are several defenses you can raise in a collection lawsuit in California. Common defenses include challenging the validity of the debt, asserting that the debt is time-barred by the statute of limitations, or claiming that you have already paid the debt. You may also argue that the creditor lacks proper documentation or that the debt arose from identity theft or fraud. Presenting these defenses effectively can require substantial evidence and legal knowledge, so consulting with an attorney to formulate your defense strategy is advisable.

What to Do If You Are Being Sued for Debt

If you are being sued by a debt collector, you need to take action right away. The longer you wait, the more difficult it will be to defend yourself in court.

Here are a few steps you should take if you are being sued for debt in Los Angeles:

• Respond to the lawsuit: If you fail to respond to the lawsuit within the given timeframe, the debt collector may be able to obtain a default judgment against you. This could result in your wages being garnished or a lien being placed on your home. If you are unsure how to respond, it is best to consult with an experienced attorney who can help you understand your options.
• Don't ignore notices from the court: If you have been sued by a debt collector, you will receive a notice from the court. You will also receive a copy of the lawsuit. Do not ignore these notices. Read them carefully and make sure you understand what is being asked of you. If you fail to respond to the lawsuit within the given timeframe, you could face serious consequences.
• Do not contact the debt collector directly: Some debt collectors may try to convince you to settle your debt by contacting you directly. Do not do this. Our attorneys can help you negotiate a settlement that works for your unique situation. We can also help you explore other options.
• Hire a collection lawsuit defense attorney: If you are being sued for debt, you need an experienced attorney on your side. Our collection lawsuit defense lawyers can help you understand your options and will work tirelessly to protect your rights in court.

At Fitzgerald & Campbell, our Los Angeles debt defense lawyers have a proven track record of success, and we have helped thousands of clients find relief from their debt. We can help you, too.

Your Options for Responding to a Collection Lawsuit

Once you have been served with a collection lawsuit, you have 30 days to respond to the lawsuit. Failure to respond within this timeframe could result in the debt collector obtaining a default judgment against you. Consult with a debt defense attorney in Los Angeles to better understand your options.

Here are a few ways you can respond to a collection lawsuit in Los Angeles:

• File an answer: The first thing you should do if you are being sued by a debt collector is to file an answer. When you file an answer, you are officially responding to the lawsuit. You will need to explain why the debt collector is not entitled to the money they are asking for. If you are unsure how to file an answer, our attorneys can help.
• File a motion to dismiss: If you believe that the lawsuit is flawed, you may be able to file a motion to dismiss. This is a legal document that explains why the lawsuit should be thrown out. If your motion to dismiss is approved, you will no longer need to worry about the lawsuit.
• Settle the debt: If you are unable to repay the debt in full, you may be able to settle the debt. When you settle a debt, you agree to pay back a portion of what you owe to the debt collector. You will then no longer be responsible for the remaining balance. Our attorneys can help you negotiate a settlement that works for your unique situation.

What Happens If a Creditor Wins a Collection Lawsuit Against Me?

If a creditor wins a collection lawsuit against you in California, the court will issue a judgment in favor of the creditor. This judgment grants the creditor legal rights to collect the debt through various methods such as wage garnishment, bank account levies, or placing liens on your property. The judgment will also include any court costs and attorney fees, increasing the total amount you owe. It's important to address the judgment promptly, either by paying the debt, negotiating a payment plan, or exploring options like bankruptcy if you are unable to satisfy the judgment.

How Can I Prevent a Collection Lawsuit?

Preventing a collection lawsuit involves proactive management of your debts. Communicate with your creditors as soon as you encounter financial difficulties and attempt to negotiate payment plans or settlements. Keeping track of your debts and maintaining good records can also help you identify and address issues before they escalate. Additionally, seeking credit counseling or financial advice can provide you with strategies to manage your debt effectively and avoid legal actions. If you receive any collection notices, respond promptly to prevent the situation from worsening.

How Fitzgerald & Campbell Can Help

Our attorneys have decades of combined legal experience, and we have helped thousands of clients find relief from their debt. When you hire our firm, we will conduct a comprehensive review of your case and help you understand your options. We know that dealing with debt can be overwhelming, and we want you to know that you are not alone. Our team is here to help you every step of the way.

Here are a few ways we can help:

• Defend you in court: If you are being sued for debt, you need an experienced attorney on your side. Our Los Angeles collection lawsuit defense lawyers can help you understand your options and will work tirelessly to protect your rights in court.
• Debt settlement: If you are unable to repay your debts in full, you may be able to settle your debts. When you settle a debt, you agree to pay back a portion of what you owe to the debt collector. You will no longer be responsible for the remaining balance. We can help you negotiate a settlement that works for your unique situation.
• Bankruptcy: Filing for bankruptcy may help you eliminate your debts. Bankruptcy is a legal process that allows individuals and businesses to eliminate or restructure their debts. We can help you determine if bankruptcy is right for you, and if so, what type of bankruptcy you should file.

Don't face the stress of a collection lawsuit on your own. Call (844) 431-3851 or contact us online today to schedule a free consultation with a collection lawsuit defense attorney in Los Angeles.