Guidestone Law Group – Consumer Litigation

When you fall behind on your debt payments and owe money to a creditor such as a credit card company or medical service provider one way they can attempt to collect on the debt is through a lawsuit. Although it can be an expensive tactic and not likely to be the first choice of debt collectors, they may feel it is the only option when letters, calls and other attempts to collect have been unsuccessful.

When you receive a summons and find yourself facing a debt collection lawsuit, as stressful as this can be, the first thing you should know is that you are not the only one. Millions of Americans are currently going through the same consumer debt litigation and Guidestone Law Group lawyers have considerable experience defending against these lawsuits.

Defending against Consumer Litigation

To begin a collection of debt through the courts your creditor will start by filing a petition in court. Each state can have different rules and the specifics can also change based on the matters of each case but what always remains the same is that the action against you will move ahead regardless. A debt lawsuit is not something you would be wise to ignore.

The summons will inform you of what next steps are required and an experienced lawyer will make sure that your answer to the court and all further defense against the litigation is handled with your best interests in mind as well as protecting your rights. In order to determine the most suitable defense to your case in court we will review your debt circumstances with you and recommend a defense which could be built around the following:

  • Where you served the summons in a compliant manner? If not, then the case against you cannot proceed.
  • Can the claimant show documented proof that you have the debt owed to them as well as the payments both missed and applied towards the debt account?
  • Does the creditor have standing to sue you? If there is no proof of a relationship between you and the creditor the case cannot proceed.
  • Does the debt fall within the statute of limitations? Old debt may not be enforceable.
  • Have there been FDCPA violations by the claimant regarding your case? If so, this may be a allow for a countersuit.
  • Has the debt been discharged as part of a bankruptcy action?

Consumer Litigation: Other Options

If the situation is reviewed and determined that there is no defense you can mount against the lawsuit you still have options available. In some states one options would be to accept the debt which would involve the issuing of a summary judgement against you by the judge and you would then be required to pay the claimant. Alternatively, we could work to settle the debt out of court by negotiating an alternative agreement with the claimant which is often a good option for both parties to the litigation.

Guidestone Law Group is available to review your case for free no matter what consumer debt litigation you are facing. We have experience with consumer debt lawsuits including medical bills, personal loans, credit cards or cash advances. Call us today and our team will work to achieve the most favorable outcome possible for your case.