Sarah Edwards | April 21, 2023
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: If you’re facing a debt lawsuit, you might consider hiring a debt collection attorney to defend you. Debt collection lawsuits are considered civil cases, so if you search civil attorneys in your area, you are more likely to find someone who can take on your case. SoloSuit can help you save money and time by filing an Answer yourself, without the help of an attorney.
When you first applied for a credit card or took out a loan, you probably didn’t anticipate any trouble repaying it. At the time, you needed the money and thought you had enough income to make regular payments. Unfortunately, you ran into problems that harmed your financial stability, like losing your job or contracting a severe illness.
Creditors note when clients stop paying their bills, and they usually escalate their collection efforts to get them back on track. If phone calls and letters don’t resolve the debt, they may decide to sue you.
If you’re the subject of a debt lawsuit, you might consider hiring a debt collection attorney to defend you. However, finding a debt collection attorney in your area isn’t always straightforward.
Do you need to settle a debt collection lawsuit quickly? SoloSettle handles the settlement process for you.
You can find debt collection lawyers through various sources, including on the internet. Online directories like Avvo.com allow you to search for lawyers by name and practice area, allowing you to quickly find representation.
Note that debt collection cases are typically considered civil cases, so when you’re in search of a debt collection attorney, you are really looking for a lawyer who specializes in civil cases.
You can also browse local listing services like Google Maps and Yelp. However, it’s essential to realize that debt collection attorneys can represent both lenders and borrowers. You’ll want to find one who specializes in defending consumers.
Most lawyers rely heavily on advertising to promote their services. You’ll likely find a few in your area who continually appear in your research. However, don’t rely entirely on an attorney’s marketing efforts when finding someone to represent you. Consider reviews from prior clients, and check the Better Business Bureau (BBB) for complaints.
When you find a few lawyers who fit your criteria, schedule a consultation with each one. Many attorneys offer free consultations, so you won’t need to worry about incurring extra costs. Choose the attorney you feel most comfortable with who provides the services you need.
Hiring a lawyer isn’t necessary for all debt collection lawsuits. Remember that an attorney will charge you for their services; these costs can run into hundreds or thousands of dollars.
If your lawsuit is less than $500, there’s no reason to hire an attorney. The legal costs would probably exceed the amount of the debt lawsuit. If you have a solid case against the creditor, you can file an Answer and represent yourself in court. Otherwise, you can repay the debt or try to settle it.
Check out the following video for six tips on drafting your response to a debt lawsuit:
However, a lawyer may be helpful if you have a particularly complicated claim or owe a lot of money. For instance, hiring an attorney might be beneficial if your debt is $25,000 and you know you can’t afford to repay it or settle it before your court date.
Let’s consider an example.
Example: Clara’s creditor, Red Bank, is suing her for $600 in credit card debt. She isn't sure how to defend herself, so she’s considering hiring a debt collection attorney. However, the attorney she consults with advises that their firm would charge her $300 in fees. In this case, Clara is probably better off repaying or settling the debt since the lawyer’s fees will tack on an additional 50% to the lawsuit amount. She uses SoloSuit to respond to the lawsuit and fight back.
A debt lawsuit starts when a creditor initiates a Complaint against you. The Complaint will list the amount you owe and information about your account. You’ll receive a copy of the Complaint and a Summons indicating your hearing date.
When you receive a Complaint, you’ll need to file an Answer. An Answer includes all your defenses for the lawsuit and stops your creditor from requesting a default judgment against you.
After filing your Answer, you’ll have a few options — repaying the debt, arranging a settlement, or defending yourself in court. If you don’t resolve the debt before the court date and lose your case, your creditor will obtain a judgment they can use to garnish your wages.
You don’t want your creditors to win a judgment against you, so make sure you gather supporting evidence if you have a valid defense to your creditor’s claim.
Most debt lawsuits involve minor amounts that end up in small claims court. However, if a creditor is suing you for a large amount of money and you feel you need the support of an attorney, it’s smart to look for a debt collection lawyer.
Before hiring one, make sure you understand their fee structure and feel comfortable that they’re the right person for your case.
Do you need to write an Answer for a debt lawsuit claim? Use SoloSuit’s Debt Answer template to respond to your debt lawsuit by yourself.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
>>Read the MSN story about how SoloSuit can help you settle your debt
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendants Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouses Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
Youre Drowning in Debt — Heres How to Swim
Help! Im Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Heres What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court
Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather