Consumer Debt Defense

When a consumer is unable to repay a debt such as a credit card, he or she will find that many creditors, debt collectors, and junk debt buyers will not work with them.  Even though the consumer wants to repay his or her debt, an affordable repayment plan is seldom offered.  Instead, the consumer is sued in state court, and he or she needs a Debt Defense Attorney fast.  We provide Debt Defense professional legal services to our clients.  Once hired, we are successful in knocking off suspicious interest and fees tacked onto the account, work out affordable repayment plans, and even prove the consumer owes nothing.

We are particularly effective in dealing with junk debt buyers who purchase accounts from original creditors often with only a spreadsheet showing minimal data about a consumer’s alleged debt.  After tacking on thousands of dollars in interest, attorney’s fees, and costs, a junk debt buyer first must prove that it actually owns and controls the consumer’s alleged debt.  Because junk debt buyers cannot locate the cardholder agreement, statements proving activity, and other necessary documents, the lawsuit against the consumer must fail in the absence of evidence.

If you have been sued by a debt collector or law firm seeking repayment of a consumer debt, please contact us right away to learn about your defense rights and what value we can bring to your defense.  Your initial telephone consultation is free, and you will find that our flat attorney’s fees are reasonable and affordable.

A Stack of Unpaid Bills Usually Results in Collection Lawsuits

Sample Demand to Vacate Default Judgment Based on Service at an Incorrect Address

You may have found out that a default judgment was entered against you, but it was served at an incorrect address.  If you were not properly served a Summons and Complaint at your correct address, you may be able to demand that the suing law firm vacate the default judgment based on improper service.  In order to begin the process of vacating (erasing or undoing) the default judgment, the below letter is a good start.  Sample Demand to Vacate Default Judgment

Sample New Jersey Statutory Exemption Letter

If a New Jersey judgment has been entered against you, you are likely to find that your bank account will be frozen.  Often you will learn this directly from your bank.  When you are notified, you must act quickly to assert your rights.  Your most important right is the ability to demand that up to $1000.00 of the amount frozen be unfrozen if you assert your statutory exemption.  To demand the unfreezing of up to $1000.00, you should consider sending a letter to the Court as well as the law firm that caused the bank freeze.  A sample can be found here.  Sample NJ Statutory Exemption Letter

Demand for Return of Frozen Social Security Money

Social Security is Generally Exempt

If a judgment has been entered against you, you may find that you bank account was frozen.  If your bank account contained social security money, you may be entitled to have it immediately unfrozen.  You might have to go to Court to prove that the bank account actually contains frozen social security money.  However, to start the process of unfreezing your social security money, you will need to send a letter similar to this sample to 1) the Court, 2) the law firm that caused the freeze, and 3) your bank.  Your letter should be sent Certified Mail/Return Receipt Requested.  Sample Social Security Exemption Letter

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