Debtor Defense

Help With Debtor Defense & Settlements from an Experienced Attorney

Exploring the debt-management options to bankruptcy

If bankruptcy is not the best option for you, you can try to negotiate settlements with your creditors out of court. If your creditors have already filed collection suits against you, you can challenge the validity of the debts, or the amounts of the debts, in court. Rebecca Hockenberry, the debtors’ rights attorney at Hockenberry Law Office, LLC, helps you negotiate with your creditors and defends you against collection actions.

How can I negotiate a settlement with a creditor?

If you are struggling under a mountain of debt, you may be able to work with your creditors to make your payments more manageable. This process is called debt settlement or debt negotiation. For example, you might settle a debt by getting the creditor to accept a lower total amount in return for a lump sum up front. Or you can negotiate lower payments, either temporarily or permanently. Before you contact the creditor or debt collector, talk to a central Ohio lawyer who is knowledgeable about debt negotiation and, particularly, about the Fair Debt Collection Practices Act (FDCPA).

Are there any defenses to a collection suit?

If your creditors bring a collection action against you, there are defenses that might apply to your case, including:

  • Statute of limitations — The creditor waited too long to file suit.
  • Mitigation of damages — The creditor failed to take reasonable steps to limit the damages.
  • Statute of Frauds — Certain agreements are not valid if they are not in writing.
  • Lack of privity — The purported creditor has no contractual relationship with you.
  • Unclean hands — The creditors deserve nothing because of their own misconduct.

What is mediation, and how can it help me?

If direct negotiation with your creditors doesn’t succeed, you might consider mediation. In mediation, a neutral third party — the mediator — works to bring the parties to a compromise. Mediation is faster and less expensive than litigation. Mediation may appeal to your creditors, because they are likely to fare far worse if you are forced to file for bankruptcy protection.

Call Hockenberry Law Office, LLC today for a free consultation

The debtors’ rights attorney at Hockenberry Law Office, LLC in Ashland/Mansfield helps you negotiate with your creditors and defends you against collection actions. We are available from 9 a.m. to 5 p.m., Monday through Friday, and by appointment at other times. Call us today at (567) 560-2095 for your free consultation or contact us online.

 

Comments on this entry are closed.

© 2017 hockenberrylaw.com