If a person is sued by a creditor, their decision to hire a lawyer depends mostly on whether the creditor can document its case, the cost of the defense, and whether the creditor is able to collect. An attorney can evaluate the case and provide debt relief help in Lithonia.
Does the Client Actually Owe the Money?
If the debt is legitimate, hiring an attorney may not be the best way to use financial resources. When a client lacks a counterclaim or defense and the case is easily proven, a loss is likely. Then, the client is on the hook for legal fees and the entire judgment amount. However, if there’s a valid defense, hiring an attorney can give the client the necessary information to mount a solid counterclaim.
In creditor lawsuits, a defense is a reason why the client isn’t liable for the debt or a reason why the creditor shouldn’t be allowed to collect. Some of the most common defenses are:
- An expired statute of limitations
- A creditor has filed in the wrong court
- A lack of documentation on the debt
Some debt cases can be fought with counterclaims. In many locations, the claim must be related to the transaction that forms the basis for the creditor’s lawsuit. For instance, if a credit card company sues for nonpayment, a client can file a separate claim alleging harassment during collection attempts. If a counterclaim is successful, the client may get a monetary judgment or encourage the creditor to withdraw the lawsuit.
Being Judgment Proof
When a client is judgment proof, they’re safe from creditors’ collection attempts. If a creditor wins a judgment, they can collect through bank levies, wage garnishments, and other measures. Judgment proof clients are protected from these seizure attempts, and they may be able to avoid hiring a lawyer for lawsuit defense.
If a client has a substantial amount of debt, particularly unsecured debts such as credit cards, it may be worthwhile to consult a lawyer for debt relief help in Lithonia. Defending these lawsuits can be time-consuming and costly, and judgments can have a serious effect on a client’s credit score.