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Smith & Messina, LLP

Compassionate, Experienced Legal Advocacy

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Don’t Face A Creditor Lawsuit Alone

It’s unnerving enough when you’ve fallen behind on your bills and do not have the resources to clear your debt. Unfortunately, aggressive debt collectors can make this stressful situation even worse. It isn’t uncommon for creditors or debt collection agencies to take legal action to secure money they are owed. This legal action often includes a debt collection lawsuit, which can be overwhelming to face alone.

Turn to our team at Smith and Messina, LLP, during this difficult time. We have the skills required to defend against lawsuits and other tactics debt collectors employ. We will move quickly to protect your interests so that you can put this matter behind you. Contact our office today to discuss your situation for free.

Retain Aggressive Legal Advocacy

Debt collectors often act immediately when individuals stop paying their debts and don’t take steps to file for bankruptcy. If you are facing financial issues that have subsequently turned into a debt collection lawsuit, do not panic. Our bankruptcy lawyer has the knowledge and resources you need to effectively handle a lawsuit.

If you are being sued, do not ignore the summons. Your first step should be to respond and settle the legal matter with the help of our firm. Whether you are being sued in a foreclosure, vehicle repossession or credit card lawsuit, our legal team can defend you through each step and work toward a positive resolution.

Fight Back Against Creditors

In the event a creditor obtains a judgment against you, the creditor may take action to enforce that judgment by taking the following actions:

  • Bank account restraint
  • Foreclosure
  • Vehicle repossession
  • Wage garnishment

By retaining the legal services of our firm, you can fight back against your creditor and obtain the defense you need. There are possible defenses that can be used to resolve your case. You will need to respond to the lawsuit within a specific time period.

Defenses We May Recommend

Our attorney knows which strategies can put a halt to these types of lawsuits. Some of the defenses that may apply are:

  • Improper service of the summons or complaint
  • Debt is outside of the statute of limitations
  • Lawsuit is against the Fair Debt Collection Practices Act
  • Lack of standing
  • Payment of the debt in part or full
  • Fraudulent credit card charges
  • Receipt of discharge in bankruptcy
  • Mistaken identity

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.

You can rely on us to take an ethical approach toward handling your legal situation. As our client, you will benefit from the extensive experience our attorneys have with complex bankruptcy matters.

Get A Skilled Legal Ally By Your Side

You still have the right to set aside the judgment and stop the legal action from occurring. At Smith and Messina, LLP, we know your rights and can take the necessary means to pursue your best interests. Our Buffalo bankruptcy attorneys can help you formulate a specific plan of attack.

Visit our free case evaluation form to schedule a phone consultation. You can also call 716-648-1400 to arrange your appointment.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.