You’ve been sued by a creditor related to a credit card or other type of debt. Now what? Well, you might be tempted to defend your own debt collection lawsuit rather than hire a credit card lawsuit attorney in San Diego, but this would be a mistake. Here are 10 reasons why you shouldn’t take on your own defense.
Reasons Not To Defend Your Own Debt Collection Lawsuit
- An attorney knows the law regarding debt collection lawsuits. There are many different laws that cover these types of cases. You probably don’t have in-depth knowledge of them if you don’t have a legal background, but a lawyer that handles these matters has expertise in this area.
- The other side has most likely hired an attorney. Credit card companies and collection agencies rarely pursue cases in court: They hire lawyers to file the lawsuit and appear at required court conferences. If you defend yourself, you’re going up against a lawyer that has considerable background and experience with these cases.
- You’re probably not familiar with your legal rights. There are a number of reasons that the plaintiff’s lawsuit might be insufficient, which would require the court to dismiss the case. But if you’re not aware of your rights under the law, you won’t know to raise any defenses that weigh in your favor.
- Improper service may be grounds for lawsuit dismissal. The plaintiff is required to deliver, via court official, a Summons and Complaint outlining the cause of action; it must be personally served to you and usually at your normal place of residence. If the service requirements aren’t met, the court may dismiss the case.
- There may be other defenses to pursue. If the plaintiff didn’t file the lawsuit within four years after the debt became due, this is a violation of the Statute of Limitations. In such a case, the plaintiff is barred from suing on the debt. Another defense to your case may be that you are involved with bankruptcy proceedings.
- You might have a counterclaim against the collection agency. Violations of the Fair Debt Collection Practices Act may give rise to a counterclaim against the plaintiff.
- Your credit rating will be negatively affected. A lawsuit for debt collection is a serious matter, as it will be reflected on your credit report. Without knowing the law, you’re likely to make mistakes and these can impact your credit score for many years.
- A credit card lawsuit attorney in San Diego can help you repair your rating. When your case is concluded, by settlement or other strategy, a lawyer can assist with making sure credit reporting agencies list accurate information about your financial dealings.
- Courtroom procedural rules are complex. In addition to the laws covering debt collection cases, there are also rules for courtroom proceedings. Being unfamiliar with procedural rules can have damaging consequences on your case.
- You may be pressured to settle. The plaintiff’s attorney may urge you to settle the case for an unaffordable amount, using aggressive tactics. Hiring an experienced debt collection lawyer prevents the opposing counsel from taking advantage of you.
Debt Collection Defense Attorney In San Diego
You might think that the expense of hiring a lawyer is too much, but it’s well worth the investment if it can save you money through settlement. Please contact a San Diego credit card lawsuit defense attorney with questions or to schedule a consultation.
Daniel R. Gamez, an attorney focusing exclusively in debt settlement, is licensed to practice in all state and federal courts in California and Texas. Mr. Gamez owns and operates the Gamez Law Firm in La Jolla, CA. For more information, please contact Daniel Gamez at 858-217-5051, email@example.com or visit gamezlawfirm.com.