Defending You Against Your Creditors
At The Law Offices of Justin McMurray, P.A., we understand how unpleasant life can be when you have to live with constant phone calls and threatening letters from your creditors. Perhaps you are even being hounded by a collection agency after the original creditors wrote off your bad debt. If you are ready to take action to put an end to the harassment, contact us for help from a Jacksonville bankruptcy lawyer. There are many possible options for fighting against collection attempts, and we are ready to help you!
If it can be proven that you have been subjected to actual harassment on the part of your creditors or debt collectors – such as calls early in the morning or late at night, discussing your debt with unauthorized parties, or even using abusive language with you on the phone – then you may have grounds to sue in court. Under the terms of the Fair Debt Collection Practices Act, you may be able to recover monetary damages of at least $1,000 in addition to any damages for actual losses you have sustained as well as compensation for reasonable legal fees. We can discuss your case in a
free consultation to ascertain whether this may be an option for you.
Defend Against a Debt Lawsuit
If you are being sued for bad debt, then it is vital that you take legal action now to defend against the suit. Otherwise, the plaintiff may be able to obtain a default judgment against you, which makes it possible for the creditor to sap your income with a wage garnishment. A lawyer can often defeat such a lawsuit by exposing that the debt collector simply does not have sufficient paperwork to document the fact that you owe the money in question, as well as through other strategies. Alternatively, it might be possible to handle the case out of court by engaging in
debt settlement negotiations in pursuit of an agreement to pay off the debt for a reduced figure.
Automatic Stay in Bankruptcy
Perhaps the most sweeping and effective action you can take to defend yourself against repossession, stop wage garnishment, and even prevent a foreclosure on your home is to declare bankruptcy. As soon as you file your petition with the court – months or even years before your debts are discharged – you will be legally protected against further creditor actions by an “automatic stay.” The automatic stay is a court injunction that forbids your creditors from taking any further action against you to secure payment. It does not get rid of the debts, but it does give you a respite and a chance to get your affairs in order while you carry out the process of declaring bankruptcy so that you can make a fresh start financially.