What to Expect from Debt Defense Attorneys

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    What Debt Collection Attorneys Say — and How to Spot & Challenge Problems

    Debt collection attorneys are hired by creditors or debt buyers to recover money they claim you owe.

    They often follow a script in court pleadings, letters, and settlement talks — but not all statements are accurate or legally supported.

    Knowing what to expect, how to spot red flags, and how to respond can help you protect your rights.

    1. Common Statements You’ll Hear or See

    A. “You owe $X to our client.”

    • What they mean: They claim you owe a specific amount to their client — sometimes a debt buyer, not the original lender.

    • Issues to watch for:

      • No account statements proving the balance

      • No proof of ownership of the debt (especially in debt buyer cases)

      • Inflated amounts with interest or fees not in the contract

    • How to address:

      • Demand proof of the original contract and full account history

      • Compare amounts claimed to your own records

      • If they can’t show a clear chain of title from original creditor to current owner, you can raise a “lack of standing” defense

    B. “We have the right to collect under the law.”

    • What they mean: They believe they have legal authority to sue or collect.

    • Issues to watch for:

      • They may be outside the statute of limitations (time limit to sue)

      • They may lack a required debt collection license in your state

      • They may be making demands not allowed under the Fair Debt Collection Practices Act (FDCPA)

    • How to address:

      • Research your state’s limitations period for written contracts and open accounts

      • Ask your state regulator if the law firm or collection agency is properly licensed

      • Document any threats, false statements, or harassment for a potential FDCPA claim

    C. “We can garnish your wages or levy your bank account.”

    • What they mean: If they get a judgment, they can use state law remedies to collect.

    • Issues to watch for:

      • Some states don’t allow wage garnishment for consumer debts (e.g., TX, PA)

      • Certain funds are exempt (Social Security, VA benefits, retirement funds)

      • They can’t do this until they win a judgment

    • How to address:

      • Know your state’s collection laws and exemptions

      • If exempt funds are at risk, be prepared to file a Claim of Exemption immediately

      • Challenge misleading statements that imply they can garnish before judgment

    D. “You must pay immediately to avoid legal action.”

    • What they mean: They want to pressure you into a quick settlement.

    • Issues to watch for:

      • High-pressure tactics can violate the FDCPA

      • They may refuse to put settlement terms in writing (dangerous for you)

      • Payment may restart the statute of limitations in some states

    • How to address:

      • Never pay or agree without a written settlement agreement

      • Ask for a breakdown of the balance and proof they can collect

      • If the debt is old, research the “reset” rules for your state before paying

    E. “We will win in court — you have no defense.”

    • What they mean: They want to discourage you from fighting.

    • Issues to watch for:

      • Many debt buyers don’t have the documentation to prove their case

      • Judges often require proof of the debt’s chain of ownership and amount owed

    • How to address:

      • File an Answer denying allegations you dispute

      • Request discovery to force them to produce evidence

      • Consider defenses like lack of standing, statute of limitations, or payment disputes

    2. How to Spot Problems in Collection Actions

    • Amounts jump between letters or court filings — may indicate inaccurate accounting

    • Wrong creditor name — could be a sign of missing chain-of-title documentation

    • Lack of original contract — often fatal to a debt buyer’s case if challenged

    • Generic affidavits from a “records custodian” — may not meet evidentiary standards

    • Threats of actions not legally possible — clear FDCPA violations

    • Service problems — if you never got the papers properly, you may be able to vacate a default judgment

    3. Steps to Protect Yourself

    1. Respond in Writing — File an Answer by your state’s deadline to avoid default

    2. Demand Documentation — Request the original agreement, full account history, and proof of ownership

    3. Check Deadlines — Verify the statute of limitations and file a motion to dismiss if expired

    4. Document Everything — Keep letters, emails, voicemails, and court papers

    5. Know Your Exemptions — Protect income and assets that cannot be taken under state law

    6. Get Legal Help — A consumer protection attorney can spot procedural defects and potential counterclaims

    Quick “Red Flag” List

    • Threatening arrest (illegal for consumer debt)

    • Calling before 8 a.m. or after 9 p.m. without consent

    • Contacting your employer without proper legal basis

    • Misrepresenting the balance or legal status of the debt

    • Claiming they already have a judgment when they don’t

    📞 Being pursued by a debt collection attorney?
    We defend consumers, challenge unlawful collection tactics, and help negotiate settlements that protect your rights. Call 855-978-6564!