Debt Collection Defense

If you have a debt collector attempting to collect a debt from you, please know that you do have options and should never make the following assumptions:

  • DO NOT assume there aren't some reasonable options
  • DO NOT assume you must pay what they say you owe
  • DO NOT assume that you cannot afford a lawyer

If you have been sued by a debt collector, you do have options:

  • Ignore the lawsuit. If you have been served with a Summons and a Complaint, do not ignore it without first consulting with an attorney. But if you own little or no property, and are essentially judgment proof, then a judgment might not affect you. Beware, judgments stay valid for at least 10 years, and if your circumstances later change and you do acquire some property or try to purchase a home, the judgment might become a real problem for you.
  • Settle. Often times there are options for entering into an agreement with the creditor, whereby you agree to pay a drastically reduced lump sum amount or enter into a structured repayment plan with a monthly payment that fits into your budget.
  • Defend and Fight. Do NOT assume that the creditor can actually assert its claim or that the amount they claim you owe is accurate. You may have legitimate defenses for why you should no longer have to pay or you may have a good counterclaim for a violation of the North Carolina Debt Collection Act. Without the expertise of one of our lawyers looking over the shoulder of the creditor, your rights could be in jeopardy.
  • Declare Bankruptcy. Depending on your financial situation, this might be a good option for you, and we can refer you to a trusted attorney who can help walk you through this process.

If a judgment has been entered against you, do not give up hope. You still have options:

  • Post-Judgment Remedies. Just because a judgment has been entered against you, does NOT mean that the creditor did it correctly. It could still be possible to have the judgment set aside and the case dismissed. Time is usually of the essence, and you should not delay consulting with one of our attorneys.
  • Defenses to Execution. Creditors must follow certain procedures before they can send the sheriff to your home to try and collect. If they violate the procedures, the creditor can be subject to civil penalties. It's important that you know your rights.
  • Wage Garnishment. North Carolina law does NOT allow creditors to garnish your wages. If a creditor threatens that action, you should consult with an attorney immediately.

The attorneys here at Schmitz Law are here to help. We fight hard for our clients who are faced with a debt and what appears to be a tunnel with no light at its end. We make the creditors prove their case and hold them to the law. We help ensure you're treated fairly.

We offer affordable fee options, whether it's a fixed fee or an hourly basis. We strive to make our services budget friendly, while fighting to deliver optimal results.

Let us bring some light to the end of your tunnel. To discuss your situation in a stress-free environment, call us at 336-893-0332 or complete our online contact form. From our office in Winston-Salem, North Carolina, we represent clients throughout the Triad, including Clemmons and King.