Third-party debt collectors are collection agencies that buy up debts that people owe to credit card companies or to other lenders. A debt collection defense lawyer defends people against debt collection lawsuits by preventing debt collectors from proving their case in court. It’s better to defense against the lawsuit and win the case in court then it is to settle the debt for a lesser amount.
Collection agencies are third-party debt collectors
If you discover a lawsuit that was filed against you by a collection agency, these agencies are “third-part debt collectors.” These collectors buy up debts that people owe to credit card companies or to other creditors, and they buy them for pennies on the dollar. Then they take action to collect these debts buy filing a lawsuit against them. We defend our clients against third-part debt collectors including Midland Funding, Portfolio Recovery Associates, LVNV Funding, CACH LLC, Unifund CCR, Velocity Investments, Cavalry SPV, and numerous others.
How to defend against Midland Funding, LVNV, Portfolio, and other debt collectors
An experienced debt defense attorney can defend you against such a lawsuit by preventing the creditor’s attorney from proving the case against you in court. The opposing attorney must prove that the 3rd-party debt collector has standing to sue you. In other words, to prove “standing,” they must submit documents as evidence to the judge that they have the right to collect this debt since it originally belonged to a different creditor. The Attorneys at Starks law have the ability and experience to keep these documents from being admitted as evidence against you in court.
Furthermore, if the judge erroneously admits some or all these documents into evidence against you, our debt defense Attorneys can point out to the judge any inconsistencies or missing information in these documents to force a ruling in your favor.
These lawsuits take place in a Magisterial District Court
Third-part debt collectors collect these debts by filing a lawsuit against the debtor in the Magisterial District Court. These courts are presided over by a Magisterial District Judge (or “MDJ” for short).
Unlike at the other, higher, court levels, Magisterial District Judges are not required to be lawyers, and many are not. Therefore, even if the law and the facts are on your side, these lawsuits can be difficult to defend against since many Magistrate Judges may not be well versed in this area of the law. An experienced debt collection defense attorney can make strong arguments to the Judge on your behalf, applying the law to the facts, at your court hearing and achieve a high probability of winning your case.
Defending against the lawsuit in court may be better than negotiating a settlement
Typically, creditors rarely agree to settle a debt for less than 60% of the total amount owed. If you defend against the lawsuit in court, after receiving a judgment in your favor you will owe none of the debt. And our attorney fees are much less than 60% of the debt owed.
Settling the debt will not remove it from your credit report. However, winning a court judgment in your favor will force the collection agency to remove the debt from your credit report.
Contact Starks Law debt defense Attorneys to defend you against a collection lawsuit
If you are being sued by a third-party debt collector, or if you have questions about Creditor Lawsuit Defense, contact us at Starks Law P.C. for a free consultation with an attorney. We listen to the needs and goals of every client and create a legal strategy tailored to that person and their case. We do not believe in the 'one size fits all' legal strategy employed by other firms. Every case is unique, and we plan accordingly.
Representation from Starks Law begins with a simple phone call. We will review the circumstances surrounding your unique situation. After assessing the details, we will form an action plan tailored specifically for your case and goals. Additionally, we will do our best to answer any questions you may have so that you can make a fully informed decision on how to proceed. Take advantage of our Creditor Lawsuit Defense services.