What To Do If You Get Served With A Debt Collection Suit
We can provide you with immediate relief from the pressures of getting sued for debts
If you are getting sued for a debt by a credit card company or a bank, don’t worry….take action and hire us. Just because you are getting sued for a past due debt doesn’t mean that you have to let the credit card company, bank, or anyone else run rough shod over you and threaten to take your assets and garnish your wages.
We can stop the threats of you losing your assets or getting your wages garnished.
Creditors and debt collectors are viciously aggressive about collecting their money today. Frequently, a lawsuit against a consumer is a debt collector’s first step towards making good on their threats to take the consumer’s car and garnish his wages. In our experience, unless you are prepared to work out a deal that is highly favorable to the debt collector, they know that you are not a lawyer and they can push you around…..and they do.
Our clients don’t get pushed around or bullied like unrepresented consumers frequently are. Debt collectors and their attorneys know us and our reputation for aggressively defending our clients’ rights. We make the debt collectors prove their case before we go to court. If they cannot prove their case, we frequently get the court to dismiss their cases.
Our Flat Fee Lawsuit Defense Program is designed to be affordable to you while protecting you and your assets.
For a flat fee of $2,500 plus costs (just out of pocket costs), we will defend you against any debt collector that is pursuing you. We will:
- Explain your rights to you;
- File an answer to the complaint;
- Assert all affirmative defenses you have to the action;
- Make the debt collector or debt buyer prove that you owe the debt(because in many instances, they cannot);
- Challenge their authority to collect anything from you;
- Conduct both written discovery from the debt collector as well as conduct depositions (if economically feasible in your case);
- Do everything possible to pressure the debt collector to prove its debt or dismiss its case;
- Keep you updated as to status of your case and settlement opportunities
Many times, debt collectors do not have the documents to prove their case and end up dismissing them. Also debt collectors sometimes attempt to collect charges from people that they do not owe. This is a violation of the Fair Debt Collection Practices Act (“FDCPA”) which allows our clients to sue the debt collectors and make the debt collectors pay our clients. We charge our clients nothing to pursue their FDCPA lawsuits because under the law, the debt collectors have to pay our clients’ fees and costs.
If you do owe the debt, we will challenge every item that the debt collector seeks from you and then do our best to work out a payment schedule that is acceptable to you. We know the major debt collectors and debt buyers and they know us. Put our experience to work for you.
We have a lot of experience and an excellent track record defending against debt collection cases.
Our firm has defended a large number of people who have been sued for past due debts. Debt collection lawsuits are brought by either the creditors or a debt purchaser. The type of entity that is suing you can make a big difference in your defense strategy. Debt purchasers frequently do not have the necessary documentation to support their case and hence, we have been successful in getting these kinds of cases dismissed. It is vitally important to take discovery in a debt collection case to see what supporting documents that the credit card company or debt buyer is going to rely upon at trial.
What if you owe the debt and the credit card company has the documents to prove it?
Sometimes a consumer owes a debt and the creditor has the documents to prove it. In this case, our mission is to negotiate a lesser amount and a payment plan. Today, banks and lenders are much more amenable to negotiating these things under certain circumstances. You should note, though, that once a creditor obtains a judgment against you, it is far more difficult to negotiate a settlement.
If you get served with a complaint you should know that you only have 21 days from the date that you were served to file an answer.
If you do not respond to the complaint on time, the court will enter a default judgment against you without any hearing or court date. We are frequently approached by people who have had a judgment entered against them wondering how that had happened when the court never notified them of a court date. Courts only notify you if you or your attorney files an answer to the complaint. Time is NOT on your side and neither is the bank or credit card company….but we are on your side.
If you get served with a summons and complaint, or have had a judgment entered against you, call or email Attorney Gary Nitzkin for information about your rights at (888) 293-2882. You can also get more information about your rights on our blog at www.micreditlawyerblog.com.
[testimonial name=”Escanaba, MI” gender=”female” company=””]I really liked the fact that they handled everything for me and they didn’t treat me bad in any way. They explained everything in much detail so that I didn’t get confused.[/testimonial]
[testimonial name=”Bay City, MI” gender=”female” company=””]You have already helped us so much. We just want to thank you for all you are doing for us. We have complete faith in you and your office. Thank you again for all your help.[/testimonial]
[testimonial name=”Ortonville, MI” gender=”male” company=””]We are just happy to have you and your staff in our corner to help take care of this situation. It’s reassuring to know we are not dealing with all of this alone.[/testimonial]