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Does My Attorney Need to File a Summons in a Lawsuit?

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How do you choose the right debt Collection Lawyer? What do they do exactly? There are many things to consider before hiring a debt Collection Attorney and below are some questions you should ask them to get an idea what their role and function are in your case.

How can they help you? Having a qualified and experienced debt collection lawyer on your side will surely show you that you are serious in reclaiming your money rightfully owed to you by your debtors. Put simply, a debt collection lawyer specifically is a specialist legal representative who deals with debt collection issues and has a full understanding of federal laws that are applicable to you. Having a lawyer by your side, you do not have to be embarrassed about your inability to pay your debts and negotiate properly with your creditors.

What does it cost to hire a debt collection lawyer? In most states, lawyers are not allowed to charge their clients until they have successfully collected on their clients' fees. This gives you, the client, time to think about what you would want to do after you have received your money back. In the meantime, you can continue to pay your debts and work out a way to make sure you will never fall into the same situation again. If you decide to take this route, make sure you hire a professional lawyer so you can be sure that the fees you pay are legally and fairly compensated.

Do I have to hire only one lawyer or can I hire more than one? The answer to the question above depends on the situation. Generally, debtors who have several unpaid accounts to pursue are better off to work with one collection agency and keep one lawyer involved in the proceedings. These professionals are well-versed in the Fair Debt Collection Practices Act (FDCPA), the law that protects debtors from harassment and other abuses by collection agencies.

Should my debts be sold to a collection lawyer? Some debtors choose to work with one lawyer and instruct him to aggressively pursue their debts. Debtors should remember that once they have been instructed to repay certain debts, they have the right to refuse to do so. Although these attorneys are trained professionals, they may not always be successful in locating all of the unpaid debts.

Is it okay for a debt collector to contact my friends or family members about me? Although your friends or family may not necessarily share your deep concern about your unpaid debts, they may be sympathetic to your plight. As long as the debt collector does not violate the FDCPA, your friends and family may become a source of information that you need when communicating with your attorney. They can also provide information on any court cases that you might have pending.

What is a portfolio recovery? Portfolio recovery is a process in which attorneys gather information about the debts of a debtor. They may access a debtor's financial records, credit reports, or bank accounts. Debtors can expect their portfolio recovery to last several months. During this time, they will compile the information that they have gathered and prepare a draft of all of the information that they will present to their debtor.

What happens if I lose my case? If a creditor's motion to join you is denied, you may become stressed. In some instances, creditors may even file a claim of fraud against you.

What is the statute of limitations for a lawsuit? In most states, a lawsuit must be filed within a certain period of time after the date that the debtor became legally responsible for the debts. Creditors don't always have to face this limitation. If a lawsuit has already been started against you, it may become difficult for you to get judgments against them until the case is completed. Therefore, you may want to consult with an experienced attorney who knows the laws well in your state.

If my debt is settled, can I still sue them for my damages? Yes, even if your debt has been settled. If your lender agrees to accept a settlement agreement, they are still obligated to pursue you for your debts, just as they would if you were served with a lawsuit.

Can my attorney represent me for both my debt settlement and judgment? Yes, an attorney can handle both parts of your case. Although you might think that your debt settlement is more likely to resolve, your lender might agree to a settlement agreement without your representation. It is important that you hire an attorney, especially if the company you owe money to has a poor financial history or is involved in any scandal. Your attorney can quickly file both a complaint and a petition for a temporary restraining order against your debtor and then proceed with the suit.

 

Learn More:
The Martin Law Firm
725 Skippack Pike #337
Blue Bell, PA 19422
(215) 646-3980

 

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on May 16, 21