Debt Collection Defense

Consumer rights lawyers are well suited to counsel someone who has been sued for a debt.

The lawyers at the Holland Law Firm regularly defend consumers sued for debt collection.  In fact, we regularly give workshops and trainings to lawyers from around the country in cutting edge strategies of debt defense. See our “Resources” section below for more information.

Debt collection lawsuits are often filed in an assembly line fashion, and the collectors assume that the vast majority of people will never mount a serious defense to the lawsuit. These assumptions are based on the fact that most people are too ashamed or embarrassed or lacking in resources to hire a lawyer to defend them, so they just “give up.”

A consumer rights lawyer makes a good credit card debt attorney for these reasons.

Which is where we come in. Through our years of studying the industry and defending consumers, we know where the weaknesses are in the debt collection lawsuits.

We know from experience that proof of liability, damages, and even ownership of the debt is often lacking.  We know that often these cases are winnable

We also know that the best way to settle a case is to prepare for trial and be willing to go to trial every time.

More Information on Debt Collection Defense

Debt Collection Defense in Maryland

  • Debt collection cases are brought by all kinds of businesses, but there are two basic categories of plaintiffs collecting consumer debt in Maryland: Original Creditors and Debt Buyers. 
  • Original Creditors

    are businesses that provided you with a service or loaned you money. This includes banks, credit card companies, auto finance companies, and hospitals.

    In this case, a credit card debt attorney or a more general debt collection attorney could be your best shot at mounting a defense.

  • Debt Buyers are businesses that buy old debts from those Original Creditors. They purchase debts for a pennies on the dollar, and then attempt to collect the full face value of the debt from you.

Courts in Maryland are flooded with debt buyer and original creditor debt collection lawsuits each year. In these lawsuits, the plaintiffs typically seek less than $5,000. This is purposeful, so let’s explain why.

Any claim $5,000 or less is treated by the courts as a “small claim” in which basic rules of evidence do not apply and the rules of procedure are extremely relaxed (some would say non-existent).

The problem is that many people cannot afford to pay a lawyer to defend a small claim. Others think it is crazy to pay a lawyer thousands of dollars in fees over a dispute of a few thousand dollars.  Debt buyers know this, and they take advantage by filing thousands of lawsuits knowing that most of the time, nobody will hire a credit card debt attorney or a general consumer rights lawyer to defend them.

This usually results in the defendant paying the claim even when they could’ve mounted a legal defense. Don’t give up. Give us a call.

If you have been sued by a debt buyer or an original creditor for a credit card, medical debt, car repossession deficiency, or any other type of consumer debt, don’t hesitate to contact us for a consultation.

Resources

The lawyers at the Holland Law Firm don’t just defend consumers sued for debt collection. Through teaching, lecturing, and hands-on workshops, we have also trained other lawyers from around the country how to do it as well to protect consumers across the nation.

Because of our expertise in debt collection harassment and debt collection lawsuits, throughout the years we’ve also written and compiled many resources that can help you if you’ve been sued over a debt.

On the rate of default judgments in Debt Buyer cases: Junk Justice: a Statistical Analysis of 4,400 Debt Buyer Lawsuits Filed by Debt Buyers.”

Peter Holland’s article on “small claims” cases: Defending Junk Debt Buyer Lawsuits

  • In this article, Peter Holland of Holland Law explains how with a little bit of background and formal coaching, even a self-represented consumer can prevail in court in a debt collection case.

On preparing for trial: Maryland Courts’ video

On plaintiffs legally garnishing your wages & bank accounts: Learn more with this brochure from the Maryland Courts.

Here is a list of all of our law articles.

Contact us for a consultation.