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I’m Defending Myself in a Debt Collection Lawsuit, But It’s Not Working – What Can I Do?

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Some of our clients have been sued by debt collectors and initially tried to defend their lawsuits by themselves. Sometimes, they try this first because they know that the debt is not theirs, and that the debt collector has sued the wrong person. Sometimes, it’s because they have reached a settlement agreement before the lawsuit, and don’t understand why they are now being sued after reaching a deal with a credit card company. The common characteristic they share is a belief that because the lawsuit is unfair and wrong, the debt collector will do the right thing and simply drop their lawsuit. A consumer that is proceeding without a lawyer is said to be proceeding pro se or in pro per (short for in propria persona), which are Latin phrases meaning the person is representing himself or herself.

Unfortunately, many debt collectors, especially credit card companies, simply don’t care and just want to get more money from you. The consumer then gets frustrated as the lawsuit continues to move toward trial and the debt collection lawsuit still isn’t dismissed. Sometimes it’s not dismissed because the consumer does not know the court rules and procedures that are required to have the lawsuit dismissed. Sometimes it’s not dismissed because the debt collector simply fabricates evidence to avoid dismissal.

Some Florida consumer attorneys will refuse to accept clients whose cases have already been pending for some time. They are worried that they have lost the opportunity to control the litigation. However, we don’t automatically give up on such cases. We don’t believe a Florida consumer gives up their right to be represented by an experienced Florida debt lawyer in their credit card lawsuit simply because they did the right thing and tried to work it out on their own first. That is why we routinely represent such consumers. In fact, we have even accepted representation literally days before a scheduled trial in a credit card lawsuit.

If you are involved in such a lawsuit, please don’t give up and don’t get frustrated. As an experienced Florida consumer protection attorney, I would be honored if you selected me to pursue justice on your behalf. In fact, if the credit card company or other debt collector sued you for a debt that is not yours, or sued you after you had already settled the debt with them, you may be able to sue them back by filing a counterclaim or a separate lawsuit under the Fair Debt Collection Practices Act (FDCPA). Call us at 386-444-3032, contact us through our web contact form, or even fax your information to us, and find out about your rights. Remember, our initial consultations are always free.