If you have been contacted by a debt collector or served with a lawsuit over unpaid debt, you may feel overwhelmed and unsure of your rights and how to respond. A debt collection defense attorney can explain your rights and options, then guide you through your response. Whether you are unsure about the debt’s validity or know you owe money, you may have more options than you think.
At Ramirez Law, we help our clients fight against unfair or unlawful debt collection practices. Our firm takes a collaborative approach to legal problem-solving. Attorney Joaquin Ramirez works closely with clients and, when appropriate, with co-counsel or professionals in related legal fields to provide comprehensive legal solutions. Whether you face credit card lawsuits, harassment from collectors, or wage garnishment, we are here to help you understand your options and regain control.
What Does a Debt Collection Defense Attorney Do?
A debt collection defense attorney represents individuals being pursued for unpaid debts through collections or the legal system and related issues. We explain your rights and responsibilities and help to free you from the burden of unpaid debt.
Some common ways we help clients include:
- Reviewing the legal validity of the debt;
- Responding to lawsuits;
- Negotiating settlements or payment plans with creditors;
- Representing clients in court, mediation, or arbitration against debt buyers or creditors;
- Challenging the legally improper processes used by debt collectors; and
- Helping stop or prevent wage garnishments and bank levies.
Many people do not realize they have the right to challenge collection lawsuits, but a debt collection lawyer can help you minimize the harms of debt collection.
Common Sources of Debt
People face debt collection actions for many different types of unpaid accounts. These debts can arise from sudden hardships, long-term financial stresses, or both.
Typical sources of debt include:
- Credit cards,
- Medical bills,
- Personal loans,
- Auto loans,
- Overdue rent,
- Mortgages, and
- Student loans.
These debts can range from a few hundred dollars to thousands or even hundreds of thousands, especially those arising from medical bills.
How Debts End Up in Collections
Creditors often do not take legal action to pursue unpaid and outstanding debts directly. Instead, they transfer debts to third parties known as debt collectors or debt buyers, who begin the debt collection process.
That process typically follows these steps:
- You miss one or more payments;
- Your account becomes delinquent;
- Creditors may write off the account through an accounting move, but it does not eliminate your responsibility to pay;
- Creditors sell or assign debt to a debt buyer or collection agency;
- The collector contacts the debtor and demands payment; and
- The collector may file a lawsuit if you do not satisfy the debt.
Once a debt is in collections, the tone and tactics often change. Many people do not realize they can, and should, demand proof that the collector has the legal authority to collect the debt. Debt collection lawyers can help you hold debt collectors accountable to this rule.
How Debt Collectors Try to Collect
Once a debt is in collections, the company or agency assigned to collect it may use several strategies to pressure you into paying. These efforts typically start with frequent communication and can escalate to legal action.
Common debt collection methods include:
- Phone calls, letters, and emails;
- If you do not respond, the collector may file a lawsuit in civil court; and
- If the collector wins in court, it may ask the court to garnish your wages or order a bank levy on your bank account.
Many people do not realize that collectors must follow strict legal rules and cannot threaten, harass, or mislead you. Financial scams are also commonplace and increasingly sophisticated, making distinguishing legitimate debts from scams more challenging than ever. Contact a debt collection attorney immediately if you receive calls, letters, or legal papers.
Legal Options and Remedies
If you are facing collection efforts, you still have rights. California and federal laws protect consumers from abusive practices and give you tools to defend yourself.
A debt collection lawyer may help you:
- Force the collector to prove the debt, the amount, and their right to collect;
- Negotiate a reduced settlement;
- Enforce your rights under the Fair Debt Collection Practices Act (FDCPA), a federal law prohibiting abusive, misleading, and unfair collection practices; and
- Evaluate debt relief options such as debt settlement, consolidation, or bankruptcy filing.
Clients are often surprised by how weak the collector’s case is. A collector may lack essential records, such as the original contract, a complete payment history, or documentation showing the legal transfer of the debt to them. For collectors with proof, an experienced attorney may be able to negotiate a settlement that reduces the amount you owe.
When to Contact a Debt Relief Lawyer
If you are under pressure from debt collectors, the best time to seek help is now. Consider speaking with a debt relief lawyer as soon as possible if:
- You have received a collection letter or phone call;
- You have been served with a collection lawsuit;
- Your wages or bank account are at risk of garnishment;
- You do not recognize the debt being collected;
- You want to settle a debt but cannot afford the full amount; or
- You need guidance on bankruptcy, debt negotiation, or other debt management options.
Every case is different. A consultation with an attorney can help you make an informed decision about what to do next.
We Are Here to Help
At Ramirez Law, we understand that debt collection can feel like a weight dragging down everything you do. We work hard to help people challenge unfair collection efforts, defend against lawsuits, and minimize the negative impact of debt collections. Our firm focuses on debt collection defense and related areas like employment law, landlord-tenant disputes, bankruptcy, and family law. You do not have to go through this alone. Contact Ramirez Law today to schedule a consultation and learn how a debt collection defense attorney can help you regain control of your financial future.