Our Fort Lauderdale debt defense lawyer at Loan Lawyers has dedicated more than 100 years of combined legal experience to fighting debt collectors on behalf of consumers and individuals who need help dealing with overwhelming debt.
We know the stress involved when credit card companies and debt collectors intensely try to collect on credit card debts and litigate debt collection lawsuits. If you are being threatened with litigation by credit card companies, you may not realize that you may have legal defenses that could allow you to dramatically reduce the amount of money you owe or even get a debt defense case thrown out of court.
Our experienced debt collection defense attorney understands what you are going through with abusive debt collectors, and wants to help you. We make it our business to know how credit card companies, debt collectors, and their lawyers litigate debt, medical bills, credit card, and student loan cases. Several of our debt defense attorneys on staff previously worked for credit card companies, banks, and debt collectors, so we know the most optimal way to win your case.
What Are The Chances Of Winning a Debt Collection Lawsuit?
While your individual case may vary, the debt defense attorneys at Loan Lawyers know how to beat credit card companies and debt collectors and have a proven track record of doing so. Our Fort Lauderdale debt defense lawyers have many success stories in getting lawsuits similar to yours thrown out of court, getting the debt completely removed or settled for pennies on the dollar, as well as getting credit repaired. We have very affordable flat-rate fees and payment plans, and handle many cases on a contingency basis, meaning you won’t pay any attorney’s fees or costs unless we win your case.
- We offer a money-back guarantee on debt buyer lawsuits (if you have to pay anything to the debt collection company we will return your legal fees).
- Over $100 million in credit card reductions and debt elimination for our clients.
- More than $20 million was recovered on behalf of our clients due to the negligence or fraud of credit card companies and debt collectors. (Your bank won’t refund fraudulent charges? Call us!)
Contact a Fort Lauderdale debt lawyer at Loan Lawyers by phone or reach out to us online to learn about your legal options. We are very well-versed in debt defense law and have many strategies on how to get a credit card lawsuit dismissed or achieve the best possible outcome for their specific situations. Whether you have student loan debt, or any other financial situation, let the Fort Lauderdale debt defense attorneys at our law firm review your situation for free and advise you about the best course of action.
What Are Some Common Debt Collection and Credit Card Defenses?
If a credit card company sues you in an attempt to collect a debt, our experienced debt collection defense attorneys in Fort Lauderdale can formulate a potential debt collection or credit card defense strategy that can serve as a legal defense against having to pay some or all of the amount the credit card company wants.
Some potential credit card collection lawsuit defenses include:
- Improper service – State and federal courts impose requirements about the proper delivery of the summons and complaint to all parties in a debt collection lawsuit. If a credit card company has not served you with the complaint and summons according to the rules of the court, you can assert this procedural defect as part of your defense.
- Statute of limitations – Under Florida law, a credit card debt defense lawsuit to recover a credit card debt must be filed within four years of the last payment or acknowledgment of the debt. If you have not made a payment or a purchase on your credit card within four years, you may be able to dismiss a credit card company’s lawsuit as too late under the statute of limitations.
- Fair Debt Collection Practices Act violations – If a debt collection lawsuit has been filed against you, you may be entitled to assert a Fair Debt Collection Practices Act violation in response, using the damages awarded as an offset for the money you may owe.
- Lack of standing – If the party, such as a debt collector, that sues you is not the credit card company, it must prove that it has the right to sue you. Typically, the debt collector or other entity that took over the account will be required to submit an agreement showing that it purchased your debt from the credit card company and other necessary documentation. These purchase agreements are sometimes vague and fail to show that the purchasing party bought your specific account.
- Payment in part or full – If you have paid off your credit card account, even to the wrong party (such as when your account is sold off by the credit card company to a debt buyer), the party that now owns the debt may only be entitled to recover your payment from the credit card company if you were never provided with notice of the sale.
- Fraudulent credit card charges – If you have been the victim of identity or credit card theft, you may be entitled to assert the fraud as a defense.
- Bankruptcy discharge – If your credit card debt was properly discharged in bankruptcy, you are not obligated to pay the debt any longer and may assert this as a debt defense.
- Mistaken identity – If you are sued for a credit card account you do not own, you can assert that you do not owe the debt.
Some of these credit card collection defenses are highly technical, which necessitates the assistance of a trusted, reliable debt collection defense lawyer to represent you in court proceedings.
Even if you fall behind on your credit card payments or default on your debts, you still have rights. You are entitled to be treated with dignity and respect when you are contacted by creditors or debt collectors.
