A collections lawsuit occurs when a creditor files a lawsuit against you to collect a debt after too many missed payments. There are several things you can do to work out the debt with the creditor before the overdue debt goes to court. If you receive notification of legal action taken against you, you need help from an experienced Williamson County debt defense attorney.
Defenses for a Collections Lawsuit
A debt defense attorney in Thompson Station will work to defend you in court by providing a reason why the plaintiff, or the creditor, shouldn’t win the case. They will generally attempt to do this by using one of two general reasons: either you do not owe the money, or the plaintiff has failed to prove their case.
Branching out from those two general reasons are more specific reasons why you do not owe the money or why the plaintiff has not proven their case. Some of the most common reasons an attorney may claim to get a lawsuit thrown out of court includes improper notification of legal action, debt being too old to be included in a lawsuit, or previously discharged debt included in the lawsuit.
Improper Service in Williamson County, TN
A Tennessee debt defense attorney may choose the defense that a Summons and Complaint was not correctly served. In Tennessee, a Summons and Complaint can be served in person to you or anyone above 18 living within your household, or it can be served by certified mail. If you are not notified correctly or at all about legal action taken against you, this is likely a solid defense that will get the case thrown out of court. Getting the case thrown out doesn’t mean a creditor can’t sue you again. If the judge makes the decision to set the case aside, you should also get your attorney’s advice on how to proceed so that your case doesn’t get brought back to court.
Tennessee Statute of Limitations
An attorney may also defend you by using the statute of limitations as a defense. Almost all states have a time frame for creditors to legally sue you over an unpaid debt. After that time is up, you can win the case by asserting the statute of limitations defense. If a debt collector in Nashville is suing you for a debt, but the statute of limitations has expired, this defense will likely get the case dismissed.
The statute of limitations begins when you breached the agreement. This is typically 30 days after the last payment you make to the creditor. When debt collectors come calling, it’s important to be cautious about making any payments on debt a collector reports that you owe. If the statute of limitations is up for that particular debt, but you make another payment, you could restart the statute of limitations and can now be sued for payment again.
Bankruptcy in Franklin
If you have declared bankruptcy and are now being sued for a debt that was part of that bankruptcy, the case should be “Stayed”. Your Franklin debt defense attorney will help you to prove if the debt you’re being sued for is currently included in bankruptcy or if it was previously included in a bankruptcy.
If a creditor believes there is a chance you might file bankruptcy, they are more likely to try settling the debt with you. An attorney may help you come to an agreement with a debt collector on the debt you still owe, even if a lawsuit is thrown out.
If you have received notice of legal action being taken against you and you are looking for skilled debt defense attorneys to defend you in Franklin, Williamson County, or Thompson Station, contact Fitzgerald & Campbell, APLC.
