The experienced South Florida defense attorneys at
Loan Lawyers are here to review a difficult financial situation to assess all of your
available options. Our
South Florida consumer rights and debt defense attorneys help individuals with financial problems that cause hardship.
When a court renders a decision, it does so in the form of a judgment that
establishes the rights and liabilities of the parties in a legal proceeding.
Judgments may contain the court's reasons for making its decision.
In the case of a creditor suing a consumer, once a court enters a judgment
for the creditor -plaintiff, it becomes a judgment creditor, and the losing
party consumer-defendant is now a judgment debtor. The attorneys at
Loan Lawyers can help you deal with judgment creditors.
Often, circumstances may be present that indicate a defendant never received
an opportunity to be heard. Many creditors obtain one-sided and uncontested
default judgments, where defendants fail to appear or file any responsive
court documents to the lawsuit. The attorneys at
Loan Lawyers may help uncover any relevant and dispositive circumstances.
Circumstances may exist that make it possible to attack the judgment creditor’s
standing to enforce the judgment by demanding it provides proof that it
is the rightful owner of the judgment. The eyes of consumers were opened
during the real estate crisis of the last decade to the regular sale of
debts. Often, the judgment holder is not the same business entity that
originally extended credit to the defendant. Documentation establishing
proof of ownership of the debt may be missing, inadequate or simply nonexistent.
If the judgment creditor's debt ownership is beyond challenge, another
option is to negotiate a settlement of the judgment. It may be possible
to settle the debt for a lump sum payment of 50% or less. This isn't
a bad deal for a judgment-creditor since collecting a judgment is arduous
and time-consuming. Also, it presents the debtor with the opportunity
to consider filing bankruptcy, the outcome of which may result in the
judgment creditor making little or no recovery.
And bankruptcy is a viable option in this situation. Filing a bankruptcy
case under Chapter 7 or Chapter 13 may be the best solution. The amount
of the judgment may be substantial and it may not be the only unpaid debt
that is the subject of a debt collection lawsuit.
A debt collection
defense attorney is often crucial in this situation as he or she may help formulate
a defense and provide guidance through court proceedings. Most debt collection
defense attorneys, like the attorneys at
Loan Lawyers, provide free consultations.
South Florida defense attorneys at Loan Lawyers are here to review a difficult financial situation to assess all of your
available options. A creditor with a judgment has many more collection
options available than a creditor without one. A judgment debtor's
options are limited in these circumstances, but there are options. To
schedule a free consultation at any of our three conveniently located
Loan Lawyers today by calling (888) FIGHT-13 (344-4813).