O&L Law Group is a law firm located in Tampa, Florida, but they sue consumers all over the country. The partners of the firm do not have any complaints filed against them with the Florida Bar, but the firm does have 19 complaints with the Better Business Bureau in the last three years. If O&L Law Group has filed a lawsuit against you, they are likely representing a creditor or debt collection company that is alleging you owe a debt to them you have not repaid.
Learning that a lawsuit has been filed against you is always worrisome. You are likely worried if you cannot repay the debt, and may wonder what legal action O&L Law Group can take against you. Still, it is important to remember that now is not the time to panic. The steps you take at this time can either greatly hurt or help your chances. Below, our Fort Lauderdale debt defense lawyer explains what those steps are, and how we can help.
Respond to the Lawsuit
Most law firms representing debt collection companies, such as O&L Law Group, are hoping that once they file a lawsuit against a borrower, the consumer will ignore it. They have good reason to hope for this, as many people do ignore these lawsuits, hoping they will go away. They do not. If a debt collection lawsuit has been filed against you, the debt collector and the law firm representing them have every intention to aggressively pursue the case.
In Florida, you only have 20 days to respond to a lawsuit that has been filed against you. If you do not reply within this time, a lawyer from the firm and the debt collector will appear in court, while you do not. During this hearing, they will ask the judge for a default judgment against you, and the judge will likely grant it. After this, the law firm will have the legal right to garnish your wages, withdraw funds from your bank account, seize funds from your bank account, and more.
The only way to avoid this is to respond to the lawsuit within the allotted time. A Fort Lauderdale debt defense lawyer can review the facts of your case and determine the best defense to use going forward.
Review Possible Defenses
There are many potential defenses available in debt collection lawsuits. The most common of these are as follows:
- Service challenges: In Florida, there are very strict requirements placed on the service of a lawsuit. When law firms and debt collectors do not comply with these requirements, it can serve as a defense to a lawsuit. This defense is often used in conjunction with others, as the law firm can simply rectify the incorrect service and serve you with another lawsuit properly.
- Lack of standing: Anyone who files a lawsuit in Florida must have a legal right to do so, which is known as standing. Debt collectors are responsible for proving they have standing, which means they must show that you owe the debt, the total amount you owe, and that they own the debt. Many times, they cannot prove these elements of their case because the debt has changed hands so many times before the lawsuit was filed. When debt collectors cannot meet this burden of proof, it is a very valid defense.
- Statute of limitations has expired: In Florida, debt collectors have only five years from the date of the last payment to file a lawsuit against borrowers. This is known as the statute of limitations and if it has expired, the debt collector no longer has a legal right to file a lawsuit against you and you can get any current case dismissed.
It is not always easy to determine what defense is best for your case. A Fort Lauderdale debt defense lawyer will determine the best path for moving forward, collect the necessary evidence to prove your case, and represent you during the entire process to give you the best chance of success.
Negotiate
If there is not a defense to the debt collection lawsuit, your best option may be to negotiate a smaller amount. Like the creditors debt collectors purchased the debt from, collection agencies are happy to recover even a smaller portion of the debt rather than nothing at all. As such, sometimes it is best to negotiate with the debt collection company. Negotiations are often very difficult for people who do not do it on a regular basis. Debt defense lawyers engage in negotiations every day and so, they have the necessary experience to negotiate an affordable amount that you can repay and avoid legal action.
Draft an Agreement
If you are able to reach a settlement agreement with the debt collector or with O&L Law Group, it is critical that you put it in writing. Without a written settlement, the debt collector may be able to file another lawsuit against you in the future, arguing that you still owe them the debt. A written agreement will prevent these disputes from arising. A Fort Lauderdale debt defense lawyer will ensure your agreement is drafted properly so it provides the full protection you need.
Consider Bankruptcy
Debt collectors are often willing to negotiate a smaller amount to consider the debt fully paid, but that is not always the case. If there are no defenses that work in your case and you cannot negotiate a smaller amount, bankruptcy may be the best option. Through bankruptcy you can discharge, or eliminate, the majority of your debt or reorganize it into a repayment plan that is more affordable for you to pay.
Call Our Debt Defense Lawyers in Fort Lauderdale Today
At Loan Lawyers, our Fort Lauderdale debt defense attorneys can prepare the necessary defense for your lawsuit to give you the best possible chance of success. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about how we can help.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
