Debt buyers file millions of lawsuits a year expecting no one to answer — and win by default. Many cannot prove they own the debt, the amount or that the statute of limitations has not run. Federal and state law also prohibit harassment, false statements and contacting you after you request it stop. A debt defense lawyer answers the suit, forces proof and can turn illegal collection into a claim against the collector.
What a debt defense lawyer does
- Files an answer and demands proof of ownership and the balance
- Raises statute-of-limitations, identity-theft and payment defenses
- Sues collectors for FDCPA/TCPA violations — fee-shifting means they pay your lawyer
- Negotiates settlements for a fraction of the claimed balance
When you need a debt defense lawyer
- You were served with a collection lawsuit
- A collector calls repeatedly, threatens arrest or contacts your employer
- You are being pursued for a debt that is not yours or is very old
- A judgment was entered and your wages or bank account are being garnished
Questions to ask before you hire a debt defense lawyer
- Is this debt past the statute of limitations?
- Can you make the collector pay your fees?
- What happens if I ignore the lawsuit?
- Can an old default judgment be vacated?
Find a debt defense lawyer near you
Choose your state to see listed firms and the official bar directory for verifying any lawyer’s license.
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