Richmond Collection Lawsuit Defense Attorneys
Solutions-Driven Collection Lawsuit Defense Representation in Newport News and Virginia Beach
Are you facing a lawsuit from a debt collector? The constant calls and threatening letters can feel overwhelming, but a lawsuit takes the stress to a new level. If you've been served with a collection lawsuit or you've received a notice that one is on the way, you need a strong defense to avoid wage garnishments and other serious consequences. We can help you understand and exercise your rights.
At Boleman Law Firm, P.C., we can evaluate the claims against you and explore all available defense options. Depending on your financial circumstances, we may recommend filing for Chapter 7 or Chapter 13 bankruptcy, which can both stop collection lawsuits and give you a powerful opportunity to eliminate or reorganize your debt. We are the largest consumer bankruptcy law firm in Virginia and have been helping in difficult financial situations since 1991. Our attorneys understand how to effectively approach collection lawsuits and can help you regain your financial health.
Schedule a free, no-risk consultation with our Richmond collection lawsuit defense lawyers by calling (804) 396-2005 or contacting us online. We can meet with you virtually.
Common Collection Lawsuit Defense Strategies
When a debt collector sues you, the best defense strategy depends on your unique financial situation and the specifics of the debt. We can review the details of your case and identify all potential defenses we can raise on your behalf. There is no one-size-fits-all approach.
Here are some common defense strategies our attorneys may assess:
- Expiration of the statute of limitations. The statute of limitations is a law that sets a time limit for a creditor to file a lawsuit to collect a debt. In Virginia, the statute of limitations for many written contracts and credit card debts is five years from the last activity on the account. For unwritten or oral contracts, it's three years. If the creditor files a lawsuit after this period has passed, we can ask the court to dismiss the case.
- Improper documentation. Many collection lawsuits, especially those from debt buyers, ultimately fail because the plaintiff lacks the proper documentation. When a debt is sold from the original creditor to a third-party debt buyer, the documentation can get lost or become incomplete. The plaintiff must prove that you owe the debt and that they have the legal right to collect it. We can force the creditor to produce the original signed contract or a detailed accounting of the debt. If they cannot, we may have grounds to get the case dismissed.
- Identity theft. If the debt is a result of identity theft, you are not responsible for it. In these scenarios, we can gather evidence to show that someone else fraudulently opened the account or made unauthorized charges in your name. We can use police reports, fraud affidavits, and other documents to prove that the debt is not yours.
- Fair Debt Collection Practices (FDCPA) violations. The FDCPA protects consumers from abusive and unfair debt collection practices. If a debt collector violates the law, we can use their misconduct as a defense and even file a counterclaim. Common violations include threatening you with violence or arrest, discussing your debt with unauthorized third parties, using profane language, and calling you at unusual hours.
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"I am beyond thankful!"
The professionalism, empathy respect and guidance that I received at the Boleman law office was an unforgettable experience that uplift my journey.
- Monica B. -
"Boleman law firm has been the best law firm in Virginia."They helped me and my wife so much I could never repay them for the help they did for us and they were very kind and helpful and always took my calls and always made sure I was doing my part and they never ever let us down they saved our home our automobiles and that was our life as I said they were like family the way they treated us and did so much for us and the price they charged us was so cheap and they never let us down. To us there is no other law firm that is like family.- David R.
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"I highly recommend Boleman Law firm if you are considering bankruptcy."Boleman Law Firm possesses some great lawyers. I had some fears about filing for bankruptcy but their staff walked me through the entire process. I was treated with respect and compassion. It’s not easy deciding to file for bankruptcy but Boleman made the process easy and relatively straightforward.- Robert M.
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"Guided us to a successful outcome."
We had a great experience . Their team is amazing. Very professional while being considerate of 2 older folks with special needs.
- Tom G.
Filing for Bankruptcy Can Stop a Collection Lawsuit
If the creditor refuses to negotiate an acceptable debt settlement, filing for Chapter 7 or Chapter 13 bankruptcy can immediately stop a collection lawsuit. When we file your bankruptcy petition, an automatic stay goes into effect. This is a powerful legal injunction that stops creditors from taking any further collection actions against you, including filing or continuing a lawsuit, garnishing your wages, repossessing your property, or foreclosing on your home. We can file the necessary paperwork and notify your creditors and the court of the bankruptcy filing so that they immediately stop all collection activities.
Chapter 7 bankruptcy is a liquidation process that you can use to eliminate many types of unsecured debts, such as credit card debt, medical bills, and personal loans. We prepare all of the necessary paperwork, which includes a detailed list of your assets, debts, income, and expenses. A court-appointed trustee will review your case to see if you have any non-exempt assets that they can sell to pay off your creditors. We can strategically use Virginia’s exemptions to protect many types of property, and many filers lose little to nothing. Once the liquidation process is complete, the court discharges your eligible debts. If the imminent or ongoing lawsuit involved one of these dischargeable debts, the legal action cannot continue.
Chapter 13 bankruptcy is a reorganization plan that allows you to repay some or all of your debts over a three-to-five-year period. This option is designed for people who have a steady income but need time to catch up on missed payments. We can help you develop a repayment plan that a bankruptcy judge must approve. The plan consolidates your debts, and you make one monthly payment to a trustee, who then pays your creditors. The automatic stay stops the lawsuit, and the repayment plan helps you manage your finances and get back on your feet. When you successfully complete the plan, the court discharges any remaining eligible unsecured debts.
Don’t ignore a collection lawsuit, even if you are confident that you don’t owe the debt. Call (804) 396-2005 or contact us online to discuss your options with our team today.
