Fort Lauderdale Debt Defense Lawyer
Whether you have been sued for a debt in Broward County or you are just beginning to experience the stress of a debt collection lawsuit, it is important to speak to a Fort Lauderdale debt defense attorney before you sign any paperwork. You may be able to get your case dismissed or get a lower settlement amount. A Fort Lauderdale debt defense lawyer can review your facts and advise you on the best possible defense.
The Florida Consumer Collection Practices Act, or FCCPA, is a state law that outlines protections for consumers from a variety of scams, fraud, harassment, and other consumer protection issues. A good Fort Lauderdale debt defense lawyer will be familiar with the law and will work hard to protect your rights.
To get the best possible result in your case, you will need to prove the debt in a legal setting. You will need to prove that the amount is actually owed and that the debt has changed hands.
To prove that a debt is actually owed, the debt collector must provide a complete accounting of the debt. You may also be able to use your bank account as evidence of the debt.
In Florida, a lawsuit must be filed within the statute of limitations, or time limit, for the debt. The statute of limitations varies by debt type. Typically, the statute of limitations for a personal loan is five years.
The FCCPA is one of the most important laws for consumers to understand. It protects you from scams and fraud, and provides clear warranty terms.
Getting a good debt defense lawyer is a vital step when you’re dealing with a debt collector. If you don’t owe the money the collector claims you do, then you have options. You can do something about your debts by hiring a lawyer, and you can also get the damages you deserve if you are able to prove you did nothing wrong.
Statue of limitations for a credit card case
Whether or not you can pursue a claim against a credit card debt depends on the statute of limitations for your state. Some states have different statutes for different types of debt. If you’re not sure, consult a consumer lawyer in your state.
For credit card debts, the applicable statute of limitations is the statute of limitations in the card issuer’s home state. The home state is the state in which the breach, economic injury, or other event occurs.
Most credit card agreements contain a choice of law provision. This provision determines which state court will hear the case. Some states allow the court to set the statute of limitations clock on the debt by resetting it if a written acknowledgment of the debt is made. Others allow the statute of limitations to be restarted if you make a partial payment.
Damages a debt defense lawyer can help you get
Getting sued for a debt is a stressful experience. A well qualified debt defense attorney will know all the ins and outs of the law. Their experience will make sure you get what you deserve. A lawyer will also be able to build a solid case for you. Having a debt defense lawyer on your side will also give you the confidence of knowing that your rights are protected. Having a reputable attorney will make sure you receive the largest settlement possible.
A debt defense lawyer can help you navigate the maze that is the courtroom. A debt defense lawyer can also help you identify any red flags that may have prevented you from receiving a settlement. A reputable lawyer will be able to tell you which of your creditors are legitimate and which are not.
If you don’t owe the money the debt collector claims
Whether you’re a business or individual, you can protect yourself from debt collectors. The Fair Debt Collection Practices Act covers household debts and prohibits unfair or deceptive debt collection practices.
Florida discovery laws allow creditors to obtain a wide variety of financial records, such as credit card statements, tax returns, insurance policies, and canceled checks. In addition, creditors can request information from the IRS and obtain a person’s tax returns and credit card statements from up to four years ago.
When a debt collector attempts to contact you, you should never respond to them without first consulting an attorney. If you do respond, it is essential that you explain the debt in detail. You should explain that you don’t owe the entire amount, but you are willing to work out a payment plan to pay part of the debt.
Steps to take after a summons
Whether you have received a summons for a debt or have been served with a complaint, there are some steps you should take to ensure you respond to the summons in a timely manner. If you fail to respond to a summons, you may be ruled in default. Alternatively, you may lose the case.
First, make sure you understand the correct response to a summons. If you aren’t sure, you should consult with a lawyer.
If you are a resident of Florida, you have twenty days from the date of service of the summons to file your answer. You must send a certified copy of your answer to the plaintiff’s attorney.
You should also file a Certificate of Completion with the court. If you are a pro se responder, you may have extra time. If you aren’t sure, contact the Florida State Bar Association.
If you hire a lawyer for debt
Whether you have defaulted on a debt, have received a summons, or are considering filing a lawsuit, you should consult a Florida debt defense attorney. A good attorney can help you avoid costly garnishments and protect your rights.
You should also know that a judgment against you can be hung over your head for a long time. If you do not respond to a lawsuit, the creditor can garnish your wages, put a lien on your home, and even seize your bank accounts.
If you have received a summons or have been sued, you should contact a lawyer immediately. You should also consult with your family and friends for referrals. Some attorneys offer free consultations. These consultations are a great way to learn more about the legal options available to you and your financial situation.