We are a debt relief agency. We help people navigate their options for Bankruptcy and getting back on their feet.
Louisiana Debt Defense Attorney in Baton Rouge
We have a success rate of over 90% fighting back against debt buyers. Many creditors will give up and close their files when they see you have an attorney fighting back. We win most of these cases at a preliminary hearing and they never go to trial.
What is Debt Defense?
Defense is an alternative to bankruptcy. If you are served with a lawsuit or threatened with legal action on an open account, defending is often better than paying. It is not uncommon to get a demand letter or a lawsuit from a company that you may not have heard of or had an account. The debt may have even been charged off and you were wondering why you are hearing from a lawyer or collection agency.
It comes as a surprise to many people to find out charged off does not mean forgiven. When a creditor charges off or gives up collecting an account, they will usually sell it through an online auction to the highest bidder bundled together with a bunch of other unpaid accounts.
The winning bidder will then try to collect or harvest the debt. You will often hear from a company you never heard of like Midland Funding or LNV Lending. Even though they may have only paid 15 or 16 cents on the dollar, they are going to try to collect the entire account.
Do not try to defend these cases on your own. A qualified attorney, such as our office, can use all the procedural devices to block the creditor from an easy garnishment.
Give our office a call to evaluate your case before letting the creditor take a judgment or agreeing to a payout.
Issues with Charged Off Accounts
- Does the debt buyer really own account?
- Do they have any assignment from the original creditor?
- Can they prove the amount they are trying to collect?
- Do they have any of the original paperwork?
- Can they produce a witness if the case goes to trial?
- Can they prove the amount of interest they are trying to collect?
- How old is the debt?
As you can see, debt buyers who are trying to collect on an old account, may not have the paperwork and the proof necessary to prove up the case.
We are a full-service law office. Although we handle bankruptcies, defending against often bogus debt collection is often a better route.
