Consumer Litigation Defense at Option 1 Legal
Debt in America is increasing at an alarming pace. A recent report indicates that the average American owes more than $135,000, with each household owing an average of $7,000 on credit cards alone.
That’s a lot of debt, and maybe more importantly, that’s a lot of stress. As debt and interest grow, it can be harder to pay off, and eventually, people find themselves facing a mountain of debt with no way out. When the creditor calls begin, the situation might seem hopeless, but you’re not alone. Option 1 Legal can help you defend yourself against consumer litigation and find your way free of debt.
When you fall behind on your payments, you could be facing several consequences, including increased interest rates and late fees. Your creditors might begin to call you or send you letters as they attempt to collect on the debt. If they cannot collect, they might turn to consumer litigation. Consumer litigation is a serious step that can lead to wage garnishment, lost property and more. If a creditor files a lawsuit against you, Option 1 can help you fight for your rights. Many people fail to respond, which leads to automatic judgments against them, but by fighting, we can work with you to protect your property.
If one of your creditors decides to take legal action against you, you will receive a summons. The summons, which is an official court document that will be served according to the laws of your state, will explain your legal responsibilities and what you must do. There is a limited amount of time to act after receiving the summons. Your case will proceed whether you participate or not, but if you fail to participate, the court may issue a default judgment in favor of the creditor.
The best way to protect your rights after you’ve received a summons is by participating in the proceedings. Option 1 will work with you to develop an appropriate defense. Common defenses include:
- Improper service, which means that the creditor failed to follow proper procedures when serving you with the complaint or summons
- Lack of standing, which means that the creditor lacks appropriate documentation to prove the debt
- Failure to credit payment, which means that the creditor did not credit your payments properly
- Statute of limitations, which means that the creditor filed a lawsuit beyond the statute of limitations period and is violating the Fair Debt
- Collections Practices Act
Getting the Help You Need
If you’ve received a summons or been notified that a creditor is proceeding with legal action against you, the attorneys at Option 1 Legal can work to have your case dismissed or mount a defense that allows you to present your case. If you decide to settle, we will negotiate with your creditors to achieve the best outcome we can. Contact our team today to schedule a free consultation.