CONSUMER DEBT ISSUES
Debt Lawsuit Defense
Defense against creditors and debt buyers, including procedural defenses, evidentiary challenges, and strategic negotiation when appropriate.
Have You Been Sued For An Alleged Debt?
If So, Review the Following Information About Your Rights:
1. THE BURDEN OF PROOF IS ON THE PARTY BRINGING THE LAWSUIT, AND YOU ARE ENTITLED TO SEE PROOF OF THE DEBT OBLIGATION. Usually, the creditor must provide the proof to you at least 10 days prior to the final hearing of the case.
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2. THE BURDEN OF PROOF IN A DEBT-BASED LAWSUIT MEANS THE CREDITOR OFTEN MUST PROVE ALL OF THE FOLLOWING:
(a) the exact amount of the debt, including interest and penalties, (b) the existence of a contractual or creditor-debtor relationship with the debtor, and (c) that the creditor owns the right to pursue the debt.
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3. INTEREST ON INTEREST AND FEES ON FEES? You may have rights to fight a claim – or even win it outright - based on both the amount of the money being claimed from you, as well as the source of those charges. Creditors are only allowed to charge interest in a certain amount and under certain circumstances, and those limitations are often ignored unless the claim is defended property. ​
4. THERE IS A STATUTE OF LIMITATIONS THAT MAY PROHIBIT THE ENFORCEMENT OF THE DEBT. The statute of limitations may be as short as 3 years (beginning immediately after the last payment made on the debt obligation).
5. EXPERIENCED LEGAL REPRESENTATION IS AVAILABLE TO YOU AT AN AFFORDABLE PRICE. The law office providing you this information sheet has significant experience defending against creditor lawsuits (see the back of this sheet for a detailed description of the attorneys’ training and experience), and may be retained for a fee (covering all fees and costs) of as little as $300.00.
Garnishment Defense
Representation in wage and bank garnishment proceedings, including claims of exemption and motions to dissolve improper garnishments.
Is A Garnishment Being Sought Against Your Money?
If So, Please Review the Following Information About Your Rights:
1. A JUDGMENT IS NOT AN ORDER TO PAY. The Judge does not require payment by entering a judgment. Judgments only allow for collections as permitted by law.
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2. GARNISHMENT PROCEDURES ARE CRITICAL, AND OFTEN FLAWED: Many garnishments have legal flaws that may require that the garnishment be dissolved and your money released.
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3. YOUR WAGES AND BANK ACCOUNTS MAY BECOME TARGETS FOR COLLECTION. Judgments are often collected by freezing defendants’ bank accounts or by taking some money from each paycheck due to the defendant. A garnishment may seize up to 25% of your take-home pay from every paycheck!
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4. YOUR MONEY AND PROPERTY MAY BE EXEMPT OR IMMUNE FROM COLLECTION ON A JUDGMENT. Florida law protects some money and property from judgment collection. It is the Defendant’s burden to file appropriate papers and to prove entitlement to these protections.
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5. THERE IS A TIME LIMIT ON ENFORCING YOUR RIGHTS. If you do not raise your garnishment protections properly and within certain time limits, you may lose your ability to protect your money or wages from garnishment collection.
6. A JUDGMENT MAY BE REVERSED, OR MAY BE SETTLED FOR LESS THAN ITS FACE VALUE. Understanding legal arguments for reversing judgments and against collection is important for achieving the best possible result.
​7. EXPERIENCED LEGAL REPRESENTATION IS AVAILABLE TO YOU AT AN AFFORDABLE PRICE. The law office providing you this information sheet has significant experience defending against creditor lawsuits and judgment collection (see the back of this sheet for a detailed description of the attorneys’ training and experience), and may be retained for a fee (covering all fees and costs) of as little as $300.00.
COMMON CREDITORS WE FIGHT
Absolute Resolution
American Express
Bank of America
Bureaus
Capital One
Cascade Capital
CKS Prime
Credit Corp Solutions
Crown Asset
Discover Bank
DNF​​​​
Galaxy
JH Portfolio
JHPD
Persolve
Resurgent
Spring Oaks
UHG
Velocity Investments​​​​​​​​​​​
