February 22nd, 2015
There are plenty of sound reasons to hire a seasoned professional, who has the knowledge, tools, and experience to do the job correctly through to completion. Clearly, others agree with me by their referrals of folks in need of debt collection lawsuit defense or debt settlement. Superior Court dockets around California are flush with money judgments against people who had no legal representation, though the debtor filed documents in the case that he or she believed would prevent a money judgment.
A few people assume that lawyers simply type their new client’s name and case number on a standardized legal form, then pay the court’s fee to file it. Trial could be many months off, so what happens now? Next is the discovery phase, in which both sides get to ask the other for their documents and evidence of the case, to prepare for trial. Lawyers who do these cases are ready, so expect to receive those requests from the debt collection lawyers soon after your response is filed. They can also ask to have you appear in their law office to answer questions under oath at a deposition. Is this something you can handle without an attorney present? You may also expect the debt collection lawyers to file a “motion” stating that you did something incorrectly, which can result in your papers being stricken or you may be ordered to pay more money, known as “monetary sanctions,” to the collection lawyers. If you are fortunate to get to trial, what do you say when the debt collection attorney asks you if this was your debt and if you disputed any of the credit card statements that the judge is reviewing? The knowledge of how to deal with each of these experiences is not learned in school, it is learned by handling these types of cases every day.
Some people believe that they have the same tools as a debt collection defense lawyer uses for taking on a debt collection law firm: a computer, a printer, and the internet. As anyone with a new computer can remind those people, a computer is useless without certain programs and the information those apps require. Even MS Word is a blank slate that needs legal forms in document files, before a lawyer can file it in court. There is also the challenge of representing yourself, when it comes time to serve a document. Serving a legal document must be done by someone who is not party to the lawsuit, which is why a process server, a lawyer and anyone in the law firm can serve legal documents. Anyone but a party, who is at least age 18.
I cannot imagine someone believing that they have the experience of an attorney who every day represents consumers against debt collection attorneys. Lawyers who rarely handle debt collection cases don’t have the experience to know how much these cases often settle for and which debt collection agencies and creditors settle for less and which demand more. That is why many lawyers who do not handle these cases quote astronomical fees to prospective clients, because they don’t have any idea how much time the case requires and they’d rather not deal in unfamiliar territory. Also, because those lawyers don’t routinely handle debt collect cases, they will take much longer getting papers together and making sure, from start to finish, that key areas have been covered.
When you hire an attorney with the experience handling debt collection cases, you benefit from his or her knowledge, tools and experience, which ends up saving money and reducing the risk of bad outcomes posed by such lawsuits.