Debt Defense Lawyers in Hialeah, Florida

It is a very serious situation to be in when bills are piling up and you cannot afford to pay them. While debt is something that stresses out most people at some point in their lives, you may not expect a debt collector or creditor to file a lawsuit against you in an attempt to recover it. Upon learning of the legal action, you may be tempted to simply ignore it. Unfortunately, taking no action at all will not make the lawsuit go away. It is one of the biggest mistakes you could make.

Refusing to acknowledge a debt lawsuit will forfeit your right to prepare a defense against the debt and potentially win your case. Once a lawsuit is filed, you have a certain number of days to respond to it. If you fail to respond, the entity that filed the lawsuit will ask a judge to issue a summary judgment. A summary judgment allows the debt collector or creditor to automatically win their case and possibly garnish your wages or place a lien on your property. Below, our Hialeah debt defense attorney explains the defenses that may help your case.

Illegal Acts by Debt Collection Companies

Several laws protect borrowers in Hialeah, the state of Florida, and throughout the entire country. Of these, the federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collections Practices Act (FCCPA) are the main two. The state law largely mirrors the federal law. Each of these Acts prohibits debt collection companies from acting in certain ways when they are attempting to collect on a debt. There are a few differences between the FDCPA and the FCCPA.

Debt collection companies cannot use threatening or harassing language or behavior when they make debt collection attempts. This means they are prohibited from using profanity or threatening to take legal action when they have no intention of doing so. It is also against the law for any representative of a company to pose as a lawyer or someone affiliated with a law firm when they are not. Under both pieces of legislation, it is also against the law for debt collectors to call you very early in the morning or very late at night.

The above laws are all intended to protect consumers throughout Florida and the rest of the nation. There are, however, only a few of the laws included in the extensive pieces of legislation. Unfortunately, not all debt collectors comply with the law. When that is the case, you must speak with a Hialeah debt defense lawyer who can explain your further options.

Any time a debt collection company has broken the law and violated your rights, it is possible to file a countersuit against them. If you are successful with this type of lawsuit, you can claim up to $1,000 in statutory damages, as well as any actual loss you suffered. You can also pursue your attorneys’ fees, so you do not have to forfeit any of your damages due to the violation.

No Legal Standing for Debt Lawsuit

Regardless of whether a debt collection lawsuit is filed in Small Claims Court, County Court, or Circuit Court, the collector must have legal standing to take action. Essentially, when a person or company has legal standing, it means they have the right to file a lawsuit.

After being served with paperwork informing you of the Hialeah debt lawsuit, you may assume the debt collection company has the right to sue you, but this is not always true. By the time any debt collector files a lawsuit against you, the account has usually belonged to many different companies. Creditors sell accounts to debt collection companies for pennies on the dollar, and those companies often sell them to other debt collectors.

When a debt collector no longer owns a consumer’s account, they do have a legal right, or standing, to file a lawsuit. Still, that does not prevent many companies from proceeding with legal action anyway. You can request that the company prove that they own your debt, which is often very difficult for them to do. They must be able to present certain documentation, which they have transferred during the sale and no longer possess. That can serve as a legal defense, and it can mean that you win the lawsuit before it even really begins.

If you do not respond to the lawsuit, you will not have the opportunity to ask the company to prove that they own the debt. A judge may not ask the company to prove that they own the account if the debt collector asks for a summary judgment and so, you could lose your case even though the company never had the right to sue you in the first place.

The Statute of Limitations on Debt Collection Lawsuits

As with most other lawsuits, a statute of limitations governs debt collection cases. The statute of limitations is the length of time a debt collector has to file a lawsuit against you. In Hialeah, as throughout the rest of the state, the statute of limitations on debt collection lawsuits is five years. As with many other legal issues, though, the law is not always straightforward.

Several different factors can impact when the statute of limitations begins. Once you take on debt, the date of the loan or the credit card approval will act as the start of the statute of limitations. However, any payment you make towards a debt will also restart the statute of limitations. For example, if you are approved for a credit card on June 1, 2023, the statute of limitations will expire on June 1, 2028. Any payment you make towards a debt will also restart the statute of limitations. If you make a payment on the same credit card on September 1, 2024, the statute of limitations will not expire until September 1, 2029.

If a debt collection company files a lawsuit against you after the statute of limitations has expired, they no longer have a right to try and collect your debt. A Hialeah debt defense attorney can advise on your case and whether the statute of limitations can be used as a defense in your case.

What Can A Hialeah Debt Attorney Near You Do?

When negotiating with lenders, it can become quite complicated for the average person. They often have full teams behind them that are doing their research to make sure the lender gets the best possible outcome that benefits them. In many cases, the best deal for your lenders is not the best deal for you. This is where having an expert Hialeah debt relief lawyer on your side will bring you an advantage. Our Hialeah debt relief lawyers will look into all of the different options that will benefit your overall financial situation.

For example, we will negotiate the interest rates, the monthly payment amount, an extended timeline of repayments, a temporary pause in payments, reducing the loan’s full amount, eliminating any late fees or penalties, and much, much more.

While you are fully able to reach out to your creditor on your own to try and come to a mutual agreement, you may not know the best course of action to take. You also are not as experienced as the team of attorneys and analysts that your creditor has worked for. The last thing you want is to land yourself in even more debt than when you started the process.

Debt Buyers and Debt Defense Law Firms in Hialeah, Florida

Loan Lawyers has a proven track record of success in defending our clients against the efforts of various debt buyers and debt collection law firms. Some of the companies and firms our debt defense lawyers have extensive experience in winning against include:

Debt buyers that may have contacted you:

Debt Collection Law Firms:

If you have been contacted by any of the above debt buyers or debt collection law firms, or have been subject to harassment from any other company, let our total debt defense solution firm help you seek a substantial reduction of your debts if not eliminate them. Our experienced Hialeah debt collection lawyers take the stress off your hands and review your situation for free.

How Can a Hialeah Debt Collection Defense Attorney Help

The aggressive Hialeah defense attorneys at Loan Lawyers have the experience and knowledge to successfully defend you against credit card companies and debt collectors.

When you retain Loan Lawyers to defend you, some of the debt collection defense strategies include:

• Dismissing the credit card company’s or debt collection firm’s lawsuit against you
• Obtaining a judgment in your favor in the credit card company’s or debt collection firm’s case against you
• Recovering money from the credit card company or debt collection agency, even if you initially owe money on a debt.

Our proven legal team of credit harassment lawyers wants to help you fight against the credit card companies, debt collection agencies, and the Hialeah debt collection defense attorneys that represent them. As a result, we offer very affordable flat-fee rates and payment plans, so that you can get the legal representation you need even in a time of financial difficulty. Our experienced debt defense attorney may be able to handle your case on a contingency basis which means you do not have to pay any fees or costs unless we win your case.

Contact Our Hialeah Debt Defense Attorneys Near You

Although the above are some defenses that may be available in your debt lawsuit, there may be others, as well. At Loan Lawyers, our Fort Lauderdale debt defense lawyers can examine the facts of your case and advise on the different strategies that may be available. Call us now at (954) 523-4357 or fill out our online form to schedule a free review of your case.

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