Debt Collection Defense in Chicago
Being sued by a collection company?
When credit card companies and other creditors sell your debt to debt collection companies, it tends to be a sloppy process. If a debt collection company is suing you, the attorneys at Giamanco & Ooink can help. We have experience in defending debt collection cases and can fight for your rights by forcing the debtcollection companies to prove you actually owe the debt.
Defenses to collection cases:
Because of the way debts are frequently bought and sold, it can be difficult fordebt collectors to provide the necessary proof that the debt is even valid when the matter is contested by a knowledgeable attorney. Many defenses exist when it comes to debt collection cases including, but not limited to:
- Claims being barred by a statute of limitations
- The sale of the debt was not properly documented
- The party suing you does not have standing to bring the claim
- There is a lack of evidence to establish you actually owe debt
- The debt has been paid in part or in full
- The debt claimed is a result of fraud
- The debt has been discharged in bankruptcy
- Mistaken identity
- You do not have any personal liability for the debt as it was incurred by a corporation only
Just because you have been sued and someone is claiming they purchased your debt does not make it true or entitle them to anything.
What not to do:
The worst mistake you can make when dealing with a debt collection case is ignoring it all together as it will end up resulting in a judgment being entered against you. While debts that have gone into collection affect your credit, unpaid judgments can cause more damage resulting in heightened trouble when purchasing a home or car, renting an apartment, getting additional credit and even getting a job if an employer considers your credit history. Unpaid judgment also open you up to exposure for wage garnishments, liens, bank account seizure and other collection methods.
You have options other than agreeing to the judgment, payment plan or filing for bankruptcy. Before taking any action with a debt collector, seek the advice of a knowledgeable debt collection defense attorney. While every case is different, we have had success in settling debt collection cases on behalf of our clients for a fraction of the original claimed debt and in other instances we have forced the matter to be dismissed all together.
Costs to defend a debt collection case:
The costs to defend a debt collection case can be quite reasonable. While the cost of defense will vary depending on a number of factors, we are frequently retained to defend such matters on a flat fee basis and for substantially less than the amount for which the debt collector is suing. The costs of defense for your case will be discussed with you up front, and there are never any hidden fees.
If you have questions about a debt collection case or were recently served with a lawsuit, we can help. Call 630.679.0930 today for a free phone consultation to discuss how we may be able to assist you in the defense of your case or contact us online.