Debt Lawsuit Defense
If you have been sued by a debt collector, doing nothing guarantees they win. We have many options available to consumers based on their goals, time frame, and budget to defend against creditor lawsuits.
Options for Debt Lawsuit Defense
Attempt to Dismiss before Settling
This is an aggressive approach that forces the Plaintiff to prove they have enough evidence to convince the judge. We demand full discovery. If we find gaps in their case, we move to dismiss it entirely, meaning you pay zero.
Answer with Counterclaims
The most aggressive defense tactic. There are essentially two lawsuits going at the same time: theirs against you, and yours against them for statutory violations (like FDCPA or TCPA violations). This forces the Plaintiff to come to a much better resolution.
Answer to Buy Time
We file a formal Answer to prevent a default judgment against you. This legally forces the creditor to go through the lengthy court process, buying you crucial time (sometimes 6-24 months) to save money or evaluate other options.
Filed in the Wrong Jurisdiction
We challenge the venue of the lawsuit. If the creditor sued you in the wrong county or precinct, we can force a dismissal or transfer, increasing their legal costs and giving you immense leverage for a cheap settlement.
ID Theft Defense
If the debt is not yours due to identity theft, we force the company suing you to prove with hard evidence they have the right to collect. We use FTC Identity Theft Affidavits and police reports to get the case thrown out.
Settle with Plaintiff
We negotiate directly with the opposing attorneys to settle the debt for a lump sum or payment plan that is lower than what you owe, ensuring a proper legal dismissal is filed with the court once paid.
Debt Lawsuit Frequently Asked Questions
What is a Motion for Summary Judgment?
It's a request made to the court by one side of a lawsuit to say, "Hey, Judge, based on all the facts we know, there's no real disagreement about what happened here, so you can decide in our favor right now without a full trial."
When does a judge say "Yes" to a Summary Judgment?
A judge will grant it if there is no real disagreement on key facts (not about who is telling the truth, but whether there is a disagreement about the truth) and they are entitled to win by law.
How does a Summary Judgment hearing work?
It's typically written. The judge makes a decision based on transcripts from depositions, written answers given under oath during discovery, pleadings, and admissions.
What is the difference between dismissing a lawsuit and settling it?
Dismissing a lawsuit means the court throws out the case against you, meaning you pay zero to the plaintiff in court. Settling means you agree to pay a negotiated portion of the debt to resolve the lawsuit. Note: dismissing a lawsuit does not mean the debt disappears; they may still try to collect outside of court.
Can I be sued if I already settled the debt?
You shouldn't be, but it happens. If you have proof of a prior settlement, we can use that as an affirmative defense to have the new lawsuit dismissed.
What if I was sued in the wrong county?
If a creditor sues you in a county where you do not live or where you did not sign the contract, that may violate the FDCPA. We can file a motion to dismiss or transfer venue, and potentially counter-sue for the violation.
Hiring Us Is Simple
Send us the lawsuit documents. We discuss the best resolution strategy for your specific situation. Once you sign the agreement, we take over. Don't let the paperwork intimidate you.