A few things are as worse as getting chased by a debt collector. If the debt is really due, you need to find ways to resolve your financial situation. There are options like debt consolidation and bankruptcy, which may come in handy in some situations. However, you can also defend a debt collection lawsuit in Illinois in other circumstances. People end up in a financial mess for many reasons, but that doesn’t give debt collectors or creditors the right to make their life a living hell. Working with an Illinois debt collection attorney is a good idea. Below are some basic things to understand.
Do You Have A Valid Defense?
Dealing with debt can be scary, but there are valid defenses that you can consider. The first one concerns the simple fact that you are not liable for the debt. It could be a case where the creditor has wrongly filed a lawsuit against you because you share the name with another debtor. The statute of limitations could be another defense. A creditor cannot sue someone over a debt that was due ten years ago. There is a deadline as per state laws that puts a cap, and all lawsuits must be filed within that time. There could be a cause of improper filing, where the collector or creditor has filed the case in the wrong court. Also, the paperwork related to the debt must be adequate, and if the plaintiff doesn’t have that, that could be your debt collection defense.
Do You Have A Counterclaim?
The Fair Debt Collection Practices Act (FDCPA) has specific guidelines that debt collectors are required to follow. Someone cannot call you at midnight to recover a debt. If the creditor or the debt collector has done anything that’s against the act, you have the right to file a counterclaim. That doesn’t necessarily mean that you wouldn’t have to repay a due debt, but you will also have the option to negotiate or obtain a monetary judgment.
Get The Right Lawyer
Not all lawyers know what it takes to defend a debt collection lawsuit, and therefore, experience and expertise are two factors that you must consider when looking for options. Find an attorney who is based in Illinois and doesn’t mind talking about their top cases. Schedule a free consultation to know what they can do for your case and discuss your concerns without hiding facts.