Your Options If A Judgment Is Entered Against You
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.
The experienced 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 offices, contact Loan Lawyers today by calling (888) FIGHT-13 (344-4813).