The term debt litigation can refer to a couple of different kinds of legal actions. In some cases, debt litigation is a type of lawsuit filed by a creditor in order to recover delinquent payments from a debtor.
We Can Represent You In The Face of Creditors!
Everyone is likely familiar with the feeling of failing to make a credit card payment or pay a medical bill on time. For most people, they pay the bill and that is usually where it stops. In many cases, however, the bill does not get paid and the creditor decides to file a lawsuit. This is considered debt litigation, and it can be paralyzing if you've never dealt with it before.
Our Buffalo bankruptcy lawyer understands where you are coming from and wants to make sure that you get to where you want to be. We have helped numerous clients turn their financial future around for the better – we'd be honored to do the same for you.
What is the process of debt litigation?
You can usually respond with either an affirmative defense or a counterclaim. An affirmative defense can include any of the following:
Debt litigation begins with an unpaid bill. In order
to recover the funds that should have been paid by
you, a creditor or collection agency files a
complaint in court. The complaint includes the
details of the lawsuit and how you are expected to
respond, typically with a payment for everything
that you owe. It is then your responsibility to
respond to the complaint within 20 to 30 days:
You can usually respond with either an affirmative defense or a counterclaim.
An affirmative defense can include any of the following:
You never received what you were supposed to
The goods you received were defective
The contract was in error or illegal
The creditor acted dishonestly
You were not informed of your rights when signing
Your consumer rights were violated
A counterclaim is a different approach that can address unique issues not raised in the original complaint from the creditor.
If a debt collector or collection agency intentionally violates the
FDCPA, they can be sued for damages. Do not allow this type of abuse to damage your hope or your future. Take legal action today and schedule a case evaluation. We have the resources to provide you with a personalized evaluation of your case and to help you navigate each step of
the bankruptcy process.
Buffalo Bankruptcy Lawyer with 10 Years' Experience
Not only can creditors be intimidating, but the complaint you may receive is often rife with confusing legalese. At Smith & Messina LLP, we can work on your behalf to reach the best possible outcome and help you avoid aggressive creditors.
Have Questions About Where To Begin?
If so, click to call our law firm today, and request a free consultation with one of our professional bankruptcy attorneys!