Debt Collection Defense Attorney in Overland Park
Get Experienced The Debt Relief Support That You Need
A creditor (the company where money is owed to) has the right to sue a debtor (the person who owes the money) to collect on an unpaid debt. However, if you are facing a collection lawsuit, know that you have rights and that filing for bankruptcy stops all collection activity, including pending lawsuits and garnishments. This is where a debt collection lawsuit defense lawyer in Overland Park can come in handy.
Our Overland Park debt collection defense attorney, Sarah, counsels many clients who have been threatened with a collection lawsuit or have actually been sued.
Can I File Bankruptcy If Someone Sues Me?
If you are being sued and you are worried about how to handle your financial situation, an Overland Park bankruptcy attorney can help. Depending on the circumstances of your case, filing for bankruptcy might be a viable option.
Bankruptcy gives consumers and businesses the opportunity to resolve their unmanageable debt by either eliminating it altogether or by reorganizing it into a more manageable payment plan. It is important to note, however, that not all debts can be discharged in bankruptcy - some must be paid in full.
An Overland Park bankruptcy attorney will be able to provide you with an assessment of your case and advice on the best course of action for dealing with your debt. Regardless of the outcome, taking the time to consult with an experienced bankruptcy attorney can give you peace of mind in knowing that you have explored all your options and taken action to protect yourself.
What Does a Collection Defense Attorney Do?
A collection defense attorney, also commonly referred to as a debt defense lawyer, works to protect the rights of individuals who are being sued or have been threatened with a lawsuit over past-due debts. They ensure that you won’t be bullied by the collection agency or the third-party collectors that have been employed to collect on your debt, and they can also advise you of your options when it comes to filing for bankruptcy.
Hire a debt collection defense lawyer near you to receive help with the following:
- Reviewing your creditors claims to ensure they are not overcharging you
- Preventing creditors from unlawfully harassing you
- Responding to the court summons you have received
- Representing your best interests in court
- Ensuring your rights are protected
If you need to hire a lawyer for a debt collection lawsuit, look no further than Attorney Sarah Sypher. She specializes in consumer bankruptcy law and has what it takes to protect your rights and give you the fresh start that you need.
Avoiding Garnishment & Collection Actions
We can help you assert your rights and avoid garnishment or collection actions by using the bankruptcy laws.
There are some other facts you need to know:
- The only person who can file a collection lawsuit is an attorney licensed in the state where you live.
- The creditor must hire an in-state attorney if a suit is going to be filed.
- Once a lawsuit is actually filed, you generally have 20 days to respond.
- If you fail to do so and fail to appear at the hearing, the creditor can obtain a default judgment. Even then, you still have rights and options.
Sarah will use the law and her abilities to protect your rights and interests during a debt collection lawsuit.
Filing for bankruptcy stops lawsuits and renders most judgments uncollectible and you can file for bankruptcy at any time.
- If you file for bankruptcy, no lawsuit will be filed against you.
- If a lawsuit is filed and then you file for bankruptcy, no judgment will result.
- If a lawsuit is filed and a judgment is rendered against you, the judgment is uncollectible. You can also stop the garnishment of your wages and financial assets.
Obviously, bankruptcy is a powerful tool for debtors. Attorney Sarah Sypher can explain your options and take action to protect you rights and assets.