When you are being sued by a creditor, or debt collector, it can be confusing. What are you able to do?  What are your legal options? These questions can raise a lot of uncertainty, and many consumers feel out of their element when faced with legal action by a creditor or debt collector. In addition to getting in touch with a debt defense lawyer, consumers have several options when it comes to responding to a credit card or debt collection lawsuit.

 

  1. Do not ignore the lawsuit. Many consumers feel overwhelmed by debt and take a head-in-the-sand approach when faced with a lawsuit. If they pretend it isn’t there, maybe it will go away? This is never the case, and failing to respond to a lawsuit filed by your creditors is definitely going to make your situation worse, not better. Take action and make sure that you respond to your creditor’s lawsuit in a timely manner. Consult with a lawyer about how to respond and what the timeframes are for responding.
  2. Raise challenges. Don’t be steamrolled by those who are suing you. Fight back! Challenge the alleged debt that they are asking the courts to make you pay. Not only should you require that they prove you owe the alleged debt, but you should also challenge whether they have the grounds to sue you in the first place.
    • Has the statute of limitations run out for collecting on the debt?
    • Does the suing party have standing (i.e., the right) to sue you?
    • Is the paperwork establishing the chain of custody of the debt complete?

There are many reasons why a debt collector or creditor will sue, even if they don’t actually have the legal right to do so. You need to watch out so that you do not become a victim.  Make sure that those who are suing you dot their i’s and cross their t’s; do not feel guilty about forcing these issues. Your creditors or debt collectors have absolutely no remorse about suing you.

  1. Counter sue. If the party suing you is a debt collector, and they have acted unprofessionally, harassed you or have threatened you, then the debt collector may have violated the Fair Debt Collection Practices Act (FDCPA). When this is the case, you may have grounds to bring your own action against the debt collector for violating your rights under the FDCPA.
  2. Declare bankruptcy. Another option that many consumers have is the option to declare bankruptcy, and for some consumers, declaring bankruptcy is something that they were planning on doing anyway. By filing for bankruptcy, an automatic stay is put into effect that protects you from any debt collection activities, including lawsuits.

 

Contact A New York Debt Defense Attorney

 

When you are facing a lawsuit over your outstanding debts, you need to work closely with a debt defense lawyer. Your debt collectors already have a team of lawyers, and you need an experienced New York debt collection defense lawyer too. Contact the Bromberg Law Office, P.C. to schedule an appointment today.

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