If you have fallen behind in student loan, credit card or medical payments, creditors may take aggressive measures to ensure that they get paid. This can often result in a creditor filing a lawsuit, which can result in a legal judgment for the amount that you owe. Law Office of Michael H. Raichelson defends the people of Oxnard, Ventura County and Los Angeles County against creditor lawsuits while finding ways to stop judgment actions and wage garnishment.
We Have the Experience to Help You in Creditor Lawsuits
In the most basic sense, creditors make their money by collecting on debts. So when a debt has gone unpaid for long enough, they will pursue legal action to recover what is owed to them. The creditor still has the burden of proof in a debt collection lawsuit, which means they must be able to prove all of their allegations and justify the judgment they seek. Law Office of Michael H. Raichelson will aggressively combat a debt collection lawsuit by employing a number of defenses that have proven to be successful. Creditors regularly fail to bring lawsuits in a timely manner, they may use deception and threats that violate the Fair Debt Collection Practices Act, or they may have acted improperly during repossession. Our Oxnard bankruptcy attorneys have the experience and legal knowledge that you need when facing a lawsuit against large creditors and banks.
Filing for bankruptcy can allow you more time to pay back your creditors and do so under more favorable terms. Our bankruptcy lawyers can guide you through Chapter 7 or Chapter 13 bankruptcy, which can respectively liquidate assets or design a repayment plan. A major benefit of filing for bankruptcy is that it imposes an automatic stay against collection efforts. These are viable solutions to facing a lawsuit, but they are also complex processes that require an experienced bankruptcy lawyer who can ensure you are informed every step of the way.
Lawsuits Can Result in Judgment Liens against You
If a debtor wins a lawsuit for debt collection, they are given a judgment which allows them a number of methods to collect their debt. A frequently used method of collecting on a judgment is wage garnishment, where your employer is required to take a portion of your regular income and give that money to your creditors as a form of repayment. A creditor may also receive a judgment that allows them to collect from a debtor's bank account. In other cases, a creditor can receive a levy against a debtor's property, which results in seizure of the property and sale at an auction with the proceeds going to the creditor. There are limits to wage garnishment and certain property can be exempt from seizure. An experienced Ventura bankruptcy lawyer can help you understand your rights and what will come from a creditor judgment.
Contact an Experienced Bankruptcy Lawyer for Help with Judgments and Lawsuits
If you are facing a creditor lawsuit or judgment, time is of the essence. The faster you seek the help of a skilled bankruptcy attorney, the faster you can find solutions that put you in the best position going forward. For more information about our services, do not hesitate to contact the Law Office of Michael H. Raichelson at 818-444-7770 for a free initial consultation. We offer flexible meeting hours.