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When a debt collector comes calling, fear and confusion follow. Many consumers believe they have no choice but to pay whatever is demanded, even when the debt might not be accurate, enforceable, or legally collectible. The truth is, debt collection defense is full of myths that work in favor of collectors and against everyday people.
One of the biggest myths is that a lawsuit from a debt collector means game over. In reality, collectors often file lawsuits without sufficient documentation to prove that you actually owe the debt, that the amount is correct, or that they even have the legal right to collect it. Sometimes, the debt is too old and outside the statute of limitations. Other times, the paperwork is riddled with errors.
How attorneys can help: A credit card debt lawyer can challenge these claims. They can demand proof, file motions to dismiss weak cases, and hold collectors accountable to strict legal standards.
Debt buyers, companies that purchase old credit card debt for pennies on the dollar, rarely have complete records. Files are often missing original contracts, payment histories, or details linking the debt to you. Collectors will bank on the assumption that consumers won’t question their evidence.
How attorneys can help: By scrutinizing the collector’s evidence, attorneys can expose gaps or inaccuracies. If the collector can’t prove ownership of the debt or the validity of the balance, the case can collapse.
Many people hesitate to contact a lawyer because they think legal fees will outweigh the benefits. But in many cases, working with a debt defense attorney is far more cost-effective than paying a collector outright. And if a collector has violated the Fair Debt Collection Practices Act (FDCPA), you may even recover damages and attorney’s fees.
How attorneys can help: Credit card debt attorneys fight to reduce or eliminate debts and also pursue claims when collectors break the law.
Whether you’re being sued, harassed, or simply unsure about the validity of a debt, remember: you’re not powerless. Don’t let creditors and debt buyers scare you into thinking they have the upper hand.
