Being pursued and chased by a debt collector can be traumatic and frightening. The truth is debt collectors try a wide range of tactics to recover from debtors for their clients. There are things that can collector cannot do. For instance, they cannot call you endlessly at all times or threaten to inform people who work with you. When facing a debt collection lawsuit in Chicago, you need to figure out all possible ways to defend yourself. Like most people, you may not know everything related to the laws, and while that’s okay, you shouldn’t make the mistake of not responding to the lawsuit. Your best bet is a Chicago debt defense lawyer who can guide you through the process. Here are some of the common defenses that attorneys use.
- You don’t owe the money. This could be a case of mistaken identity, and you don’t owe the money in the first place. In that case, the plaintiff cannot recover anything at all, and your lawyer can ensure the case is dismissed.
- There is a dispute on the amount. If the plaintiff is demanding more money than you owe, it could be a case against them. Everything from the principal amount to the collection costs and interests must be enlisted correctly.
- You have been harassed. As we mentioned earlier, debt collectors don’t always adhere to the norms regarding recovering money. If you suffered tactics or were harassed in a manner that’s not in sync with the laws, you should contact a lawyer.
- The statute of limitations has passed. If the creditor waited for long to bring a lawsuit, the deadline set by the statute of limitations might have passed, and you may have a good reason to defend the lawsuit against you.
- The contract is not fair. If the initial agreement between the plaintiff and the debtor was unfair or not transparent, this could be a good defense in many cases. Let an attorney review whether the contract was valid in the first place.
- The debt was discharged through bankruptcy. If you had filed for bankruptcy and the debt was released in the process, the plaintiff cannot sue you any further. No matter the amount, you don’t owe it anymore.
Each case of debt defense is unique and should be evaluated accordingly. Get someone specializing in such lawsuits and let the attorney take over the situation and guide you further.
