Jacksonville Debt Lawsuit Defense Lawyer
Fight Back Against Debt Collection Lawsuits in Florida
Creditors, lenders, banks, and collection agencies that want to collect on debt all must abide by the rules established by the Fair Debt Collection Practices Act (FDCPA). Since harassment and intimidation are out of the question, or at least are supposed to be banned, many creditors rely on filing a lawsuit against people in debt. Being handed a summons from an official regarding a debt lawsuit can be a frightening experience. Creditors will frame their claims as if the debt you owe is undeniable, but the truth is that you do have options to defend yourself.
The Jacksonville debt lawsuit defense lawyers at Albaugh Law Firm are here to help. We will protect your rights, your finances, and your family. We make sure that you are free from harassment and other inappropriate debt collection efforts, and we will not let you be intimidated by aggressive creditors.
What Sets Albaugh Law Firm Apart
The Jacksonville debt relief attorneys at Albaugh Law Firm are ready to help you defend against debt-collection lawsuits. We bring to the table:
- 70+ years of total experience
- Positive reviews and ratings on Avvo
- Former prosecutors with dozens of trials under their belts
- Trial-tested attorneys, ready to stand toe-to-toe with the biggest financial institutions and local lenders alike
If you are being harassed or simply do not know how to respond to a lawsuit, you can depend on us to provide the guidance you require. Set up a complimentary case evaluation with our team to begin understanding your rights in detail.
Your Options for Debt Defense
Defending Against a Debt Lawsuit
The first rule of debt defense is never to ignore a summons or a collection agency’s advances. If you fail to meet a deadline or do not respond to an inquiry, you could lose a case through judgment by default. There have been countless instances of the court ordering people to pay for a debt that was never actually their responsibility due to default judgments. The moment trouble stirs, you should come to our Jacksonville debt defense lawyers to see what you should do next.
Instead of ignoring or delaying, start building your defense as soon as possible. You may have a variety of defenses available, including the following:
- Lack of information: Many collection agencies buy debts from banks without any substantial information about how that debt originated. This missing information can be exploited by your debt defense attorney to have the case thrown out. You may not even be the proper target of their lawsuit.
- Legal Errors: All lawsuits must follow certain procedures to be valid, such as service of process. If a debt collector fails to follow these rules, you might be able to get a lawsuit tossed out on procedural grounds.
- Statute of Limitations: In Florida, there is a time limit for filing a debt collection lawsuit. The time limit, known as the “statute of limitations,” for debt lawsuits is five years from your last payment. If a creditor or debt collector files a lawsuit more than five years after your last loan payment, you might be able to get the case dismissed.
- FDCPA Violations: The FDCPA is a federal law that protects debtors from harassment by creditors, dictates the kind of collection efforts that creditors can and must undertake, and grants debtors certain rights. If a creditor fails to follow FDCPA rules, such as issuing validation of the debt upon request of the debtor, their ability to sue may be limited, and you may even be able to file a claim for damages against the creditor.
Your Options for Debt Relief
In addition to defending against the lawsuit, you may have options to reduce or eliminate your debt without ever setting foot in a courtroom. At Albaugh Law Firm, we will help you explore all of your debt-relief options to find the most efficient, stress-free, and cost-effective solution to your debt issues. Some of your options for debt relief may include:
- Renegotiation: Credit card debt, auto loans, medical bills, and other financial situations that frequently lead to debt can be renegotiated with the help of an attorney. The matter may not need to go to court at all if the terms and conditions of your loan can be changed and agreed upon in the conference room.
- Bankruptcy: Filing for bankruptcy will create an automatic stay that gets creditors and collectors off your back until further notice. Don’t intentionally steer away from bankruptcy when it could be a logical and beneficial solution for your financial troubles.
Start Building Your Debt Defense in Jacksonville Today
When a lawsuit is filed against you, you need the right defense team in your corner. Contact our Jacksonville bankruptcy lawyers today for more information about how your situation can be resolved with as little stress as possible. Call Albaugh Law Firm today for a free consultation with a Jacksonville bankruptcy lawyer at 904-471-3434.