If you have been sued by a creditor or debt buyer, you need professional guidance and representation. Most lawsuits for collection of consumer debts result in default judgments, because the defendant does not understand the process, and simply assumes there are no defenses to the claim, and no options.
As the plaintiff in the lawsuit, the creditor or debt buyer has the burden of proof to establish the right to collect the debt as well as the amount owed. The plaintiff has to produce admissible evidence that all its allegations are true. That is more difficult than simply filing the lawsuit and serving you with a summons. Therefore, most collection lawsuits can be settled for much less than the initial demand. And, in some cases, the consumer walks away without making any payment to the creditor.
Since starting my firm, I have specialized in defending consumers and small business owners who have been sued by debt buyers. I have developed an effective system for handling these cases, beginning with the fees that I charge, which are designed to be affordable for the average person.
For answers to frequently-asked questions about debt collection defense, click here.
See what past clients have said about their experience, click here.
Vacating Default Judgments
A significant part of my practice is helping consumers vacate or “set aside” default judgments. If you recently discovered that a judgment was entered against you, but you didn’t have notice of the lawsuit prior to date of the judgment, you may be able to vacate the judgment. In most cases, if the motion is successful, you would need to answer the complaint and litigate the case. In some cases, the case will be dismissed, and you will not have to litigate the case or pay the creditor.
As an experienced litigator who regularly handles these motions, I will give you an honest opinion on whether there are grounds to set aside the judgment, and what is needed if you decide to go forward with that process.
To request a free consultation regarding a new debt collection case, or to discuss vacating a default judgment, click here.