Consumer Litigation Defense

Even though the economy is improving, many people are continuing to struggle financially, and household debt has been increasing steadily since 2015. In 2015, American households had about $3.5 trillion in debt, including mortgages, auto loans, student loans and credit cards. This debt is expected to grow over time, leaving more people facing debt crises. As many as 30 million Americans are currently facing debt collection efforts and consumer litigation.

Consumer Litigation

A creditor that is unable to collect on a debt may turn to litigation. A judgment against you can cost you your wages, your bank accounts and your home. When faced with consumer litigation, many people do not fight for their rights, and some fail to respond at all. However, there are many ways that you can fight back. With a skilled attorney, you can mount a strong Consumer Litigation Defense and protect your personal property.

Responding to a Summons

Consumer litigation can be frightening and overwhelming. Turnbull Law Group NJ is here to help. When a debt collector decides to litigate, you should receive a summons, which is an official court document that must be served according to your state’s laws. The summons will outline your responsibilities and how to address them. You will need to act quickly: Once you receive the summons, the case will move forward without delay. Having an experienced attorney on your side can help you protect your rights.

Participating in the proceedings is the best way to ensure your rights are well-represented. The number of proceedings will depend on where you live and your case.

Consumer Litigation Defense

Statute of Limitations

In most states, creditors and debt buyers have from four to six years from the final payment to file a lawsuit. A creditor that files beyond this period is violating the Fair Debt Collection Practices Act.

Improper Service

The law outlines how creditors must serve debtors with complaints and summons. If they fail to notify you of an impending case or to serve you, you can fight any automatic default judgment they won and can apply to the court to have the judgment vacated.

Lack of Standing

Creditors must have documentation demonstrating that you owe the money.

Failure to Credit Payment

Creditors must properly credit accounts for every payment made.

Defend, Negotiate or Settle?

Once you receive a summons, you have several options. You can acknowledge that you owe the money, and if you have no defense, the judge will likely issue a summary judgment. You will have to pay the debt.

Our attorney can argue to have your case dismissed, especially if the creditor lacks documentation or other evidence. We can also mount a defense to the creditor’s claims. A trial date will be set, and you will have the opportunity to present your case.

The final option is settling. Settling is often in the best interest of both creditors and consumers, which might be why it’s one of the most common outcomes of consumer litigation. When settling, our attorney will negotiate the best terms to meet your needs.

Getting the Help You Need

Creditors can initiate consumer litigation cases over virtually any type of debt, including credit cards, payday loans, medical bills and auto bills. You don’t have to face such litigation alone. If you are being sued by one or more creditors, the attorneys at Turnbull Law Group NJ can help you answer the claims, find the best defenses or negotiate a settlement, and move forward in your life. In some cases, we might even be able to file a countersuit.

We can help you get a fresh financial start and move beyond the fear of consumer litigation. Contact Turnbull Law Group NJ today to learn more or to schedule a consultation with a member of our team.

logo