Consumer Debt Defense

We represent consumers (regular people like you and I) when they are sued by banks, credit card companies and other debt collectors. These debt collection lawsuits come in a variety of forms, including the following:

1. Credit Card Lawsuits: These are the most common debt collection lawsuits we usually see and are typically for a credit card from a bank (American Express, Bank of America, Capital One, Chase, Wells Fargo, etc.) or a retailer (Walmart, Amazon, Macy’s). Another very common situation is where a third party debt collector will collect a debt that they did not originate. So for example, you might have gotten a credit card with Capital One but the party that attempts to collect and files the lawsuit could be some third party you never heard of. A few of the largest third party debt buyers/collectors are Midland Funding, Portfolio Recovery Associates, CACH, LLC, Asset Acceptance, LVNV Funding, and Cavalry SPV I, LLC amongst many others.
2.  Automobile Repossession Deficiency Lawsuit: Sometimes there are lawsuits that are initiated to collect a debt even after it has been repossessed or you have surrendered your vehicle for repossession. Also, there are sometimes where a debt collection lawsuit is initiated even after your insurance made a pay out to the lender.
3. Student Loan Lawsuits: Student loans come in a variety of different forms. There are direct loans from the federal government (Stafford and Perkins loans) as well as Plus loans and private loans from a multitude of different lenders. There are many programs available for managing your student loans and making the payments affordable or potentially deferring their payment. However, there are not as many options when dealing with private loans and when in default, the lender or a third party can sue to collect the delinquent amounts. One of the biggest parties instituting these student loan lawsuits is National Collegiate Student Loan Trust.
4. Foreclosure Defense: When a mortgage is not paid, the lender holding the mortgage has a security interest in the house that they can foreclose upon in order to collect the monies they are owed under the note they took out to purchase the home. Fortunately, many people can qualify for programs allowing them to keep their home or at least exit the home under circumstances that limit their exposure to future liability. In other cases, the plaintiff may not have the necessary paperwork to foreclose.

If you have been affected by any of the above varieties of debt collection lawsuit, please contact us right away to discuss your rights and options.