What is this lawsuit about?
Your credit card company decided that the debt wasnâ€™t worth pursuing so they wrote it off, but to make a little more money on it they sold it at auction. The person suing you bought it for pennies on the dollar. Now theyâ€™ve added every fee they could think of to the bill, plus all of the interest they could conceivably include and now they are trying to collect a grossly inflated bill.
How did you get my information?
Once the company filed suit your information is posted on something called Case.net. My office searches Case.net and determines who is being sued and sends out letters. We are not affiliated with the people suing you in any way.
How can you help?
In most cases my clients pay nothing back. Generally your only cost is our flat fee and then within a few months we get the case against you dismissed. We are not trying to setup a repayment plan; our goal is for you to pay nothing back.
How do we get the case dismissed?
First we make an entry of appearance on your behalf. Every thirty days or so your case will have a docket call; we take care of all of your court appearances. Generally my clients never have to go to court. My office files motions seeking paperwork from the company suing you, proving the debt. Oftentimes we have to file several motions and threaten hearings. Usually the company decides that collecting your debt is too much work and they dismiss it. Sometimes they refuse to dismiss it and we have to ask the judge to dismiss the case. Every case is a different so your defense will be tailored to your case.
My court date is next week and I donâ€™t have the money for an attorney, what should I do?
First, call my office, in many cases we can workout a payment plan. We work on flat fees. This is a one time fee, so you wonâ€™t be billed for every phone call or letter we send. The fee could be higher, the more they are suing you for the more they fight and the more we have to charge.
I need more time, but my court date is tomorrow, what should I do?
Go to court on your assigned court date. Plan on sitting through a long docket call until your case is called. The judge will probably say, â€śmeet with the attorney for the company who is suing you and see if you can work out the issuesâ€ť. This is not an order to setup a payment plan, just tell the attorney that you are going to fight this and you want a continuance to the next regular status conference date, make sure they put this in writing and that itâ€™s filed with the court.
Should I sign a consent judgment (payment plan)?
No, the other attorney is hoping that your lack of knowledge will make his job easier; that you will enter into a payment plan. After you agree to a number he will ask you to document the payment plan and your case will be over. He wants you to sign something called a Consent Judgment. A Consent Judgment means just that, you consent to a judgment being entered against you. You lose almost all of your rights in fighting the debt and if in the months to come you canâ€™t make the payment you will be in trouble. Not only will they be able to garnish your wages and bank accounts but you could be held in contempt of court.
What happens if I just donâ€™t show up to court?
This is how the debt buyers make their money. Most people donâ€™t care enough to go to court. If you donâ€™t show up the company will take a Default Judgment against you, for just about any amount they chose. After ten days the Default is final and they can start garnishing wages and bank accounts. Donâ€™t let them take a Default, if one has already been entered against you we can fix it, but time is of the essence, call us immediately.
I called someone else and they wanted $1500 just as a retainer, how can you charge less?
We do a lot of these cases, and we are really efficient. When I go to court on your case I also handle several other cases. So while I would normally have to charge you for an hour of my time to go to court and make a docket call on your case, if I handle ten cases at one time each case is only taking minutes of my time.
They are suing me for $600.00, what should I do?
For a small debt I would suggest calling the attorney who filed suit against you, check for a phone number in the signature block of the summons the sheriff gave to you. Call the office and see if they will take a lump sum payment to pay off the debt in full. I wouldn’t go higher than 50% of the amount they are suing you for. Donâ€™t enter into a payment plan. If this doesnâ€™t work call my office.
I have a crushing amount of debt, should I just declare bankruptcy?
It matters. If most of your debt is credit card debt we can usually help. In many cases we can wipe most of it away. We probably need to talk about your specific case and if we decide bankruptcy is the best option we can help you with that process too.