Irvine Creditor Lawsuit Lawyers
Client-Focused Representation Across LA, OC & Southern California
If you have been served a complaint by a credit card company, bank, or
collection agency, you are probably unsure of your next move. At
McFarlin LLP, our experienced creditor lawsuit attorneys are here to guide you through
the legal process. We have a long history of successfully defending our
clients against creditor lawsuits, and our attorneys will do everything
in our professional power to obtain the most favorable result possible.
Although no one can ever predict or guarantee a particular result, most
credit card lawsuits end in either a default judgment by the creditor
(which we do not let happen) or an outright dismissal of the case by the creditor.
Even if you offer to make payments on your bill or to pay it off in full,
the creditor or collections agency can still sue you. In fact, if they
do file suit, they will seek both the amounts you allegedly owe plus outrageous
interest, fees, and costs, which can double the debt. As such, it is imperative
that you get into contact with us immediately.
Our attorneys at McFarlin LLP are available to evaluate your matter at
no initial charge.
Contact us online or by phone at
(949) 570-5025 to set up an appointment at our Irvine office today.
Credit Card Lawsuit Defense
Most people have several substantial defenses to their credit card lawsuits
without realizing it. As the plaintiff, the creditor has the burden of
proof, and you are fully within your rights to compel them to “prove
up” the debt.
This may involve requiring the creditor to:
- Show a copy of the written contract between the parties
- Provide admissible documents to support their claim
- Produce a witness with “personal knowledge” to authenticate
documents regarding your specific account
In most cases, the debt collector can produce none of the above—especially
if it is a collection agency that bought your debt from your original
lender. Each year, collection agencies purchase debt for pennies on the
dollar, typically acquiring no more than your name and the amount you owe.
Even if there is a judgment entered against you in favor of the creditor,
we can still advocate on your behalf for debt relief, as there may be
limits to how much can actually be collected. We have extensive experience
with "Claims of Exemption" to substantially reduce the monthly
payment—even after a judgment has been entered against you.
Acting immediately, however, is critical. If you do not answer the complaint
or if you miss the deadline to file your response, the creditor will get
a judgment against you automatically.
Sued by a Bank? We Can Help
You have received a notice that a creditor bank is initiating a lawsuit
against you. Your first reaction might be to throw the notice in the trash
and let the chips fall where they may. However, as experienced creditor
lawsuit attorneys, we strongly recommend against it. If you fail to respond
to a notice, you will receive a default judgment, and that will create
even more problems for you. With a default judgment in hand, the bank
can garnish your wages, take money directly out of your bank accounts,
and put liens on your property.
Handling a lawsuit on your own can be a daunting experience. At McFarlin
LLP, our Irvine-based legal team frequently works with situations like
yours. One of the most important things we can do is ensure that you do
not miss any deadlines. Every notice you get from the court will tell
you how many days you have to respond to it, which is the case with the
first summons and complaint you will receive. As soon as you receive this,
you should call our legal team and make an appointment.
