Debt Collection Defense

California Debt Collection Defense

Nowadays, it’s common for people to be served with a lawsuit by a creditor or collector.  If you have been sued, it is vital to seek representation from an attorney, who may be able to formulate a game plan on how to proceed with the lawsuit.  For instance, there are several defenses that could be applicable to your case, which could very well result in the dismissal of your case.  Additionally, there may be the possibility of a countersuit.  The following are some of the defenses that may be applicable to your case:

  • Improper Service (no personal jurisdiction)
  • Identity Theft or Mistaken Identity
  • Statute of Limitations
  • You were only an Authorized User
  • Paid in Full
  • Dispute the Amount of Debt
  • Lack of Standing
  • Bankruptcy

If you are being sued by a debt collector, they must provide you with documentation, such as a copy of the original written agreement between the parties, and proof of assignment if applicable.

If the debt collector failed to previously verify the debt after you timely requested verification, you may be able to file a counterclaim against the debt collector, requesting your own damages.

        

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