If you’re being sued for credit card debt, you’re not alone. The average amount of credit card debt in Florida is $6,460, clearing the national average of $6,000. Meaning, there are new lawsuits being opened to collect on these balances every day. Once you receive a demand letter or summons, it can be a confusing experience, especially thinking about what the consequences might be. So, your best bet will always be to consult with an experienced debt defense attorney right away, allowing them to discuss your options and potentially get started working on your defenses right away. While hiring an attorney for a debt lawsuit will bring many benefits to your side, the one thing to be cautious of is any attorney who either guarantees a dismissal or swears by how much they can lower the demand amount. If an attorney is giving you a figure during any of your first consultations, get up and RUN!
No attorney, regardless of experience, should ever be able to guarantee a dismissal based off of a consultation, or in the following steps, until a deal is reached with the opposing party. The reason being: once your debt gets out of collections and becomes a litigated matter, there are too many moving parts to say with any certainty that your case will be dismissed or lowered by X amount. Also, every case is unique. There wouldn’t be a way to tell what they can do based on a consultation because defenses that work for you might not be practical for the next person. The opposing party can always deny any settlement offers made to them and at that point what was once promised by your legal counsel gets buried under more litigation and they can even add on attorney’s fees and court costs depending how long your case goes takes to complete.
As far as dismissals go, this is up to the judge’s discretion. Anything can happen in court, and if there were no hardships proven, the statute of limitations has not expired yet, or the debt is confirmed to be yours and you cannot refute it, the judge will more than likely not find any reason to dismiss your case. Sometimes, even if one of these conditions is met, the presiding judge might opt to not dismiss your case and have the parties mediate or arbitrate to come to a resolution that is just to all parties involved. As a law firm that has handled debt cases in Miami, Orlando and all across Florida since 1989, we understand the intricacies involved in debt lawsuits; this is why we recommend to be cautious about any guarantee of a dismissal. Also, keep in mind that Credit Corp Solutions, Midland Funding, LVNV Funding, and companies like Portfolio Recovery all have different ways to process their lawsuits. The best course of action to take is to consult with an experienced debt defense attorney who will evaluate your case’s details and go over your legal options for protection from things like wage garnishment or bank account levy’s.
While a law firm cannot guarantee the dismissal of a credit card lawsuit, having a solid understanding of the debt defense process and working with an experienced attorney can significantly improve your chances of a favorable outcome. Debtors have legal rights and defenses that can be leveraged to protect their interests. If you're facing a credit card lawsuit, it's essential to act promptly, seek legal guidance, and explore all available options for resolving the debt-related issues. Remember that every case is unique, and the outcome will depend on the specific circumstances and legal factors at play.
