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Do I Need a Debt Collection Defense Attorney?

George Simons | December 06, 2023

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

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: Not sure if you should hire a debt collection defense attorney? Not every case needs a lawyer. You can use SoloSuit to respond in 15 minutes and win your lawsuit.

Being pursued by a debt collector can be frightening. You may have forgotten about the debt or hoped that it would never catch up to you. But when a creditor attempts to collect their debt, or worse, sues you, you might wonder if you should contact a defense attorney.

Hiring a defense attorney is not always a necessity but often depends on whether or not the creditor can prove its case against you. You might want to investigate how much it will cost you to defend the lawsuit and whether the creditor can legally collect from you.

If you don't end up hiring a defense attorney to take the case, you may still be interested in consulting with one for a short while. This can help you to evaluate your case and understand the best course of action.

Consider Your Options When Being Sued For Debt

  1. File no response. You essentially ignore the debt collector. This will allow the creditor to obtain a judgment against you. This is called a "default judgment" and is never recommended.
  2. Respond and defend the lawsuit yourself. You can attempt to prove the creditor has no legal claim against you.
  3. Hire an attorney to represent you in the lawsuit.

SoloSuit makes it simple to respond the right way.

Decide if You Need a Debt Collection Defense Attorney

If you are considering whether or not you need to hire a debt collection defense attorney to represent you in your debt collection case, you should ask yourself a few questions.

Do You Owe the Money?

If you do legally owe the debt that the collector is seeking, then hiring a lawyer may not be your best option. It might be a waste of time and money.

If there is no defense to stand on, and the creditor can prove the case against you, you will lose. This will lead to not only paying the judgment amount (your debt). But on top of that, you will pay attorney fees. In some cases, you may even need to pay the debt collector's attorney fees as well.

Do You Have a Valid Defense?

Having a defense means that you have found a reason why you aren't liable for the debt. This means that you have found a reason why the creditor legally should not be allowed to collect the debt. If you have a good defense, then you may want to look into hiring a lawyer to represent your case.

Common defenses to debt collection lawsuits include:

  • The statute of limitations: This is the period (typically 4-6 years) in which the creditor must bring the lawsuit. If the statute of limitations has expired in your state, then they legally do not have a claim.
  • Improper filing: If the debt collector filed the case in the wrong court your lawsuit will be dismissed.
  • Lack of evidence: If the creditor is unable to produce the original paperwork or other forms of evidence to prove that you owe the debt, you will have a valid defense to the lawsuit.

SoloSuit helps you make your defense.

Do You Have a Counterclaim?

Another option that might influence your decision to hire a lawyer is if you have a good counterclaim. Counterclaims are a claim against the creditor. Typically this involves the creditor doing something against the Fair Debt Collection Practices Act (FDCPA).

Within this act, various laws prohibit debt collectors from harassing you in different ways. Although this is not essentially a defense to the debt, by filing a counterclaim you may receive a monetary judgment. This can either pay for the debt or convince the debt collector to withdraw the lawsuit against you.

Evaluate the Cost of Hiring an Attorney vs. the Cost of Your Debt

Hiring an attorney can be expensive. Even with a good defense, you'll want to evaluate how much you owe. Ask yourself if the amount of the debt is worth hiring an attorney. You may not need an attorney to defend you over a small debt because you might end up owing more in legal fees than the debt would cost if you had paid it.

One last thing to note is that your debt can grow if the creditor obtains a judgment against you. This means that you will not only need to pay for your debt but also the debt collector's legal fees, court costs, and maybe even interest.

Overall, hiring a lawyer may be a good decision if you are far deep into debt. Before hiring legal representation, evaluate your situation and decide which option is best for you.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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