Creditor Lawsuits

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.

Because you do not want a default judgment, you should take action within the allotted time whether you work with a law firm or not. Generally speaking, you have the options of:

  • Filing an answer with the court, in which you respond to all of the alleged facts and legal claims in the bank’s complaint and set forth any affirmative defenses to the allegations. A bank lawsuit advocate will know what affirmative defenses to raise and how to approach the creditor’s allegations to give you the best possible result.
  • Filing a motion to request that the court dismiss the complaint based on one or more legal insufficiencies in the complaint or its service, keeping in mind that this might not extinguish the case, but could delay it.

Let’s Get Started on Your Defense Today

Our Irvine creditor lawsuit lawyers can advise you on how to handle your case. The sooner you call, the sooner you can get your creditors off your back.

Fill out our online contact form or call (949) 570-5025 today for a free consultation.

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