Creditor Lawsuit Defense in New York City
Legally, lenders cannot compel a debtor to repay a debt without the involvement of the courts. The only way a creditor can take action to collect a debt is by filing a lawsuit in the debtor’s state and county of residence. Debt lawsuits are often the last resort for a creditor and can cause the debtor to go into a state of panic.
If a creditor has filed a lawsuit against you for an outstanding debt, you have the right to representation as in any other legal proceeding. At The Law Offices of Robert M. Fox, we understand that being the defendant in a debt lawsuit can be frightening and overwhelming. Although the lawsuit has been filed, there are responding actions you can take to settle the matter out of court or effectively defend yourself in court. The Law Offices of Robert M. Fox wants to provide you with the defense and representation you need in order to do so.
Defense Options Against Debt Lawsuits
Contrary to how circumstances appear, there are several ways to defend yourself from the ramifications of a debt lawsuit. Many creditors file lawsuits in an attempt to catch the attention of a debtor and create a sense of urgency for repayment. If this is the case, your creditor may still be willing to negotiate a debt settlement out of court in order to avoid the long proceedings of a lawsuit.
It is also important to keep in mind that the government has created legislation that provides for your protection against abusive collection tactics. This is found in the Fair Debt Collection Practices Act (FDCPA), which is federal legislation limiting the methods and procedures of debt collection in an effort to protect the rights and interests of debtors. All members of the plaintiff’s party are held to the standards of the FDCPA. This means that if anyone representing or appearing on behalf of your creditor acts in violation of your rights according to FDCPA, you have cause to respond with defense and even a countersuit.
Like any lawsuit, debt lawsuits call for the defense and representation of a legal professional. The Law Offices of Robert M. Fox appear on behalf of clients being sued for a debt, providing them with the counsel and advocacy they need in those situations. Attorney Robert M. Fox can help you defend against this lawsuit by:
- Explaining and completing all proper legal documentation
- Offering explanation of the litigation process that is pending
- Meeting all important dates and deadlines
- Counsel you on the best course of action and type of response
- Evaluating risks concerning bank levies and wage garnishments
Every year, thousands of debt lawsuits receive default judgments in favor of the plaintiff (the creditor) because the defendant failed to respond or appear. If you have received notification that a creditor has filed an action against you, do not delay in responding. Contact an attorney immediately to begin creating a course of action and protect yourself from a default judgment.
To schedule a free consultation with NYC bankruptcy attorney Robert M. Fox, call us today.