The Fair Debt Collection Practices Act (FDCPA) protects you from illegal debt collection through letters or by collection lawsuits. If you prevail against a debt collector under the FDCPA, the debt collector must pay your attorney for his services as well. In a lot of our defense cases against debt collectors also have Federal cases. Whether we represent you state counter claims, collection defense or lawsuits against the collectors in Federal court, we also negotiate the settlement or elimination of the debt.
If a debt collector is suing you in State District or Circuit Court, it is not as bad as you think. Rarely does a debt collector have the proper paperwork or chain of title on a debt. You may owe the debt, but the odds are you don’t owe the debt to a collector or debt buyer that is suing you. Debt collectors use these state lawsuits to collect debts because the odds favor them in getting a default in the lawsuit as 90% of debtors ignore the lawsuit.
If you are being sued there are two ways we can represent you. (1) The State Court defense and counter claim for money damages against the creditor. (2) A Federal lawsuit against the collection law firm that is suing you in state court if the law firm violated the FDCPA.
In the state court defense, we will charge you a small, initial lump sum to defend you against the creditor and file a also counter claim against them under the Fair Debt Collection Practices Act (FDCPA) and Michigan law. We can also sue the collection law firm in Federal court for violating your rights in the state case. In the separate Federal case, we seek money damages for you and get any attorney fees and costs paid if we prevail on your behalf. Collection law firms break will often break the law so there is a good chance that you will have a case against the debt collector.
So please fill out our Free Evaluation form and email or fax us the lawsuit and any exhibits. With the right case and facts, we can both defend you and counter claim for money damages in the State case and also sue for money damages on your behalf in the Federal case.