Law

Explaining 7 strategies for debt lawsuit defense 

A few things are worse than facing a debt lawsuit. Unfortunately, more people are dealing with such lawsuits in Illinois today. If you were expected to pay a debt and have failed to do so, you could consider talking to the creditor for a flexible payment plan. However, if the creditor decides to file a lawsuit against you, it is important to get an attorney on your side. You can click here to get help in Chicago if you have a debt lawsuit. Debt defense lawyers rely on a bunch of strategies, some of which have been explained below. 

  1. You don’t owe the debt. In some cases, your lawyer may have evidence to prove that the debt doesn’t exist and that you don’t owe any money to the creditor. If the lawyer is successful, your debt lawsuit will be dismissed. 
  2. The debt amount is not correct. It is also possible to dispute the debt amount, which essentially means that the creditor is asking for the wrong amount. All details in the lawsuit, including collection costs, should be accurate. 
  3. The creditor was not fair to you. in such cases, the lawyer tries to prove that the creditor didn’t act in good faith or was dishonest with you, even though you were willing to repay the debt in a fair manner. 
  4. There is a delay in filing the lawsuit. If the statute of limitations has expired, your attorney can use that as your defense. The idea is to prove that the creditor waited too long to bring the case. 
  5. There are issues with the contract. If the agreement was unconscionable, your lawyer could also use that as evidence. For instance, there are cases where debtors have been subjected to lawsuits, even though the contract was unfair. 
  6. You had filed for bankruptcy. If the said debt was discharged through bankruptcy, the creditor could not sue you anymore for money. Your lawyer can prove in court that you have already completed the bankruptcy process. 
  7. Yours is a case of identity theft or mistaken identity. If someone steals your identity and gets a loan or debt, you are not responsible for the same. Identity theft is way too common, and you could be a victim in such cases. In some cases, the lawsuit may have been filed against someone who has a similar or same name. 

Talk to your attorney to understand what defense can work best for your case. 

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