Debt Collection Defense Attorney: Do You Need One?

Being pursued by a debt collector can feel overwhelming. You may have forgotten about the debt completely. Or you hoped it would never catch up to you.

When a creditor attempts collection or files a lawsuit, you face a big decision. Should you hire a defense attorney?

Respond to Your Debt Lawsuit in 15 Minutes

Don't let a default judgment destroy your finances. Answer your lawsuit correctly and protect your rights before your court deadline passes.

Start Your Response

Hiring a defense attorney is not always necessary. Your decision depends on several key factors. You need to investigate the strength of the creditor’s case. You should understand how much defense will cost. And you must determine whether the creditor can legally collect from you.

Even if you don’t hire an attorney for full representation, consulting one can help. A brief consultation helps you evaluate your case. You’ll understand your best course of action moving forward.

Your Three Options When Sued for Debt

You have three paths when facing a debt collection lawsuit:

File no response and ignore the collector. The creditor will obtain a default judgment against you. Never choose this option.
Respond and defend the lawsuit yourself. You can prove the creditor has no legal claim. Our partner Solo makes it simple to respond correctly.
Hire an attorney to represent you in court.

Key Questions to Decide If You Need an Attorney

Ask yourself these critical questions before hiring representation.

Do You Actually Owe the Money?

If you legally owe the debt, hiring a lawyer may waste money. Without a valid defense, the creditor will prove their case. You will lose.

You’ll pay the judgment amount plus your attorney fees. In some cases, you’ll also pay the debt collector’s attorney fees. The costs add up quickly without a winnable defense.

Do You Have a Valid Defense?

A valid defense means the creditor cannot legally collect from you. You have found a reason why you aren’t liable. If you have a strong defense, hiring a lawyer makes sense.

Common defenses to debt collection lawsuits include:

Statute of limitations expired: Creditors typically have 4-6 years to file suit. After that period expires, they have no legal claim.
Improper filing: If the collector filed in the wrong court, your case gets dismissed.
Lack of evidence: The creditor must produce original paperwork proving you owe. Without evidence, you have a valid defense.

Our partner Solo helps you build your defense and respond to the lawsuit.

Do You Have a Counterclaim Against the Collector?

A counterclaim can change everything. Counterclaims are legal claims you file against the creditor.

Most counterclaims involve Fair Debt Collection Practices Act (FDCPA) violations. The FDCPA prohibits debt collectors from harassing you in specific ways.

A counterclaim isn’t technically a defense to the debt itself. But filing one may result in a monetary judgment for you. That judgment can pay for the debt. Or it can convince the collector to withdraw their lawsuit entirely.

Weigh Attorney Costs Against Your Debt Amount

Hiring an attorney costs serious money. Even with a solid defense, evaluate how much you owe.

Ask yourself if the debt amount justifies attorney fees. For small debts, you might pay more in legal fees than the debt itself. That makes hiring an attorney counterproductive.

Remember that debts grow after judgments. You’ll pay the original debt plus collector legal fees. You’ll also owe court costs and potentially interest charges.

Hiring a lawyer makes sense if you’re drowning in substantial debt. Evaluate your specific situation carefully. Choose the option that best protects your financial future.

Respond to Your Lawsuit the Right Way

You don’t need expensive legal fees to defend yourself properly. Our partner Solo provides a step-by-step web application. It asks all necessary questions to complete your Answer.

You can print the completed forms and mail them to court. Or you can pay to have Solo file it for you. An attorney can review your document before filing.

Responding correctly protects you from default judgment. You preserve your rights and create negotiating leverage. And you do it without breaking the bank on attorney fees.

Frequently Asked Questions

What happens if I don't respond to a debt collection lawsuit?

If you don't respond, the creditor will obtain a default judgment against you. You'll owe the original debt plus court costs, collector attorney fees, and potentially interest. Always respond to avoid default judgment.

How do I know if I have a valid defense against a debt collector?

Common valid defenses include expired statute of limitations (typically 4-6 years), improper court filing, and lack of evidence proving you owe the debt. If the collector violated the Fair Debt Collection Practices Act, you may also have a counterclaim.

Can I defend myself against a debt lawsuit without an attorney?

Yes, you can respond and defend yourself without hiring an attorney. Tools like our partner Solo guide you through creating a proper legal response. You only need an attorney if you have a complex case or substantial debt at stake.

What is the statute of limitations on debt collection lawsuits?

The statute of limitations is the time period creditors have to sue you for debt, typically 4-6 years depending on your state. Once this period expires, the creditor cannot legally collect the debt through a lawsuit.

How much does it cost to hire a debt collection defense attorney?

Attorney costs vary widely but can exceed the debt amount for smaller claims. Compare legal fees against what you owe. For debts under a few thousand dollars, defending yourself with affordable tools often makes more financial sense.

Do You Need a Debt Collection Defense Attorney?