Sarah Edwards | April 21, 2023
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: If you’re facing a debt lawsuit, you might consider hiring a debt collection attorney to defend you. Debt collection lawsuits are considered civil cases, so if you search civil attorneys in your area, you are more likely to find someone who can take on your case. SoloSuit can help you save money and time by filing an Answer yourself, without the help of an attorney.
When you first applied for a credit card or took out a loan, you probably didn’t anticipate any trouble repaying it. At the time, you needed the money and thought you had enough income to make regular payments. Unfortunately, you ran into problems that harmed your financial stability, like losing your job or contracting a severe illness.
Creditors note when clients stop paying their bills, and they usually escalate their collection efforts to get them back on track. If phone calls and letters don’t resolve the debt, they may decide to sue you.
If you’re the subject of a debt lawsuit, you might consider hiring a debt collection attorney to defend you. However, finding a debt collection attorney in your area isn’t always straightforward.
Do you need to settle a debt collection lawsuit quickly? SoloSettle handles the settlement process for you.
You can find debt collection lawyers through various sources, including on the internet. Online directories like Avvo.com allow you to search for lawyers by name and practice area, allowing you to quickly find representation.
Note that debt collection cases are typically considered civil cases, so when you’re in search of a debt collection attorney, you are really looking for a lawyer who specializes in civil cases.
You can also browse local listing services like Google Maps and Yelp. However, it’s essential to realize that debt collection attorneys can represent both lenders and borrowers. You’ll want to find one who specializes in defending consumers.
Most lawyers rely heavily on advertising to promote their services. You’ll likely find a few in your area who continually appear in your research. However, don’t rely entirely on an attorney’s marketing efforts when finding someone to represent you. Consider reviews from prior clients, and check the Better Business Bureau (BBB) for complaints.
When you find a few lawyers who fit your criteria, schedule a consultation with each one. Many attorneys offer free consultations, so you won’t need to worry about incurring extra costs. Choose the attorney you feel most comfortable with who provides the services you need.
Hiring a lawyer isn’t necessary for all debt collection lawsuits. Remember that an attorney will charge you for their services; these costs can run into hundreds or thousands of dollars.
If your lawsuit is less than $500, there’s no reason to hire an attorney. The legal costs would probably exceed the amount of the debt lawsuit. If you have a solid case against the creditor, you can file an Answer and represent yourself in court. Otherwise, you can repay the debt or try to settle it.
Check out the following video for six tips on drafting your response to a debt lawsuit:
However, a lawyer may be helpful if you have a particularly complicated claim or owe a lot of money. For instance, hiring an attorney might be beneficial if your debt is $25,000 and you know you can’t afford to repay it or settle it before your court date.
Let’s consider an example.
Example: Clara’s creditor, Red Bank, is suing her for $600 in credit card debt. She isn't sure how to defend herself, so she’s considering hiring a debt collection attorney. However, the attorney she consults with advises that their firm would charge her $300 in fees. In this case, Clara is probably better off repaying or settling the debt since the lawyer’s fees will tack on an additional 50% to the lawsuit amount. She uses SoloSuit to respond to the lawsuit and fight back.
A debt lawsuit starts when a creditor initiates a Complaint against you. The Complaint will list the amount you owe and information about your account. You’ll receive a copy of the Complaint and a Summons indicating your hearing date.
When you receive a Complaint, you’ll need to file an Answer. An Answer includes all your defenses for the lawsuit and stops your creditor from requesting a default judgment against you.
After filing your Answer, you’ll have a few options — repaying the debt, arranging a settlement, or defending yourself in court. If you don’t resolve the debt before the court date and lose your case, your creditor will obtain a judgment they can use to garnish your wages.
You don’t want your creditors to win a judgment against you, so make sure you gather supporting evidence if you have a valid defense to your creditor’s claim.
Most debt lawsuits involve minor amounts that end up in small claims court. However, if a creditor is suing you for a large amount of money and you feel you need the support of an attorney, it’s smart to look for a debt collection lawyer.
Before hiring one, make sure you understand their fee structure and feel comfortable that they’re the right person for your case.
Do you need to write an Answer for a debt lawsuit claim? Use SoloSuit’s Debt Answer template to respond to your debt lawsuit by yourself.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
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You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.
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Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather