We assist clients in defending consumer debt lawsuits including credit cards, bank loans, and third-party debt buyers. In consumer debt defense, it is imperative to file a response to the complaint as soon as possible after being served. This is to avoid the potential of having a default judgment entered against you. Although it is not impossible, it becomes harder to vacate a default judgment after it is entered. As time goes on, it becomes even harder.
We understand that those fighting these types of lawsuits may have modest means to represent an attorney. As a result, we offer various alternative fee agreements which may include payment plans, per diem pricing, or flat fees.
If you are interested in settling a claim, we can assist you in negotiating with the creditor's attorney. We will investigate if you have any potential defenses to the lawsuit and pursue those defenses in litigation. We will also investigate if your loan or credit card agreement has a private arbitration provision. If it does, we can prepare a motion to the court asking that your dispute be heard in arbitration where the procedural rules are not as strict as the New York Courts.
If a default judgment has been entered against you, it may not be too late. We can investigate how the lawsuit was served to determine if the judgment should be vacated. We have assisting clients in the past in vacating judgments, undoing bank levies, vacating or modifying wage executions (salary garnishments), and other post judgment relief remedies.
Our attorney's include a partner who has been practicing Creditor's Rights and Collections for over 30 years, so we possess unique knowledge and skills in understanding how to negotiate, settle, and fight a creditor lawsuit.