Best Debt Defense Attorney in Oregon
Finding the best debt defense lawyer in Portland, Oregon
If you are facing the daunting task of handling a case against a business debt collector, you have no recourse but to find an attorney who will fight tooth and nail to protect your rights and your money. Creditors may file a lawsuit against you, the borrower.
To obtain the best possible results, you need to find the best debt defense attorney in your area. You can search the Internet, or call your local bar association. Find out if there are any attorney referrals that you can contact. Ask your friends, neighbors, and relatives for recommendations. Or, ask your state’s bar association for help.
At Michael D. O’Brien & Associates, P.C., our dedicated team is experienced in negotiating and successfully defending against creditors who are abusive, unfair, and even deceptive.
A debt collection case is highly stressful. At Michael D. O’Brien Attorney, we take pride in our team of highly trained attorneys who are dedicated to helping people get out of debt fast. Our lawyers are very knowledgeable and skilled at getting people off of debt.
Our competent lawyers will represent you to the fullest extent of the law, so that you may be compensated for your losses. When you are facing a debt collection lawsuit, you are going up against a powerful opponent who wants to get paid. The creditor may have a great legal team and resources to defend themselves. They may have legal representatives on their side and in court, but you have two things that they do not have.
First, you have an attorney who is adept at negotiation.
Second, you have a case.
Debt Collection Process
Defaulting on a contract or agreement between you and a creditor is a common cause of debt. The most common types of debt include credit card debt and debt on medical bills. They can enforce the majority of oral and written consumer debt repayment arrangements. Most business or commercial obligations, on the other hand, must be in writing to be enforced. If the agreement stipulates that you must pay a specified sum, the creditor is not obligated to accept anything less. Filing a lawsuit against you is highly possible.
Even if you tell them you have lost your job, become unwell, or simply cannot afford to pay the loan, you owe the agreed-upon sum. You do not have to pay it immediately, though.
The creditor may sue you even though there was no formal agreement. This occurs when a creditor lends you money, performs services for you, or gives you a product, and you keep it or profit from the services.
Can I be sued by a collector for not paying?
As mentioned, you may be sued for any unpaid debt that you have incurred. The debt collection agency may file a lawsuit against you. The collector must then take steps to collect on the judgment. However, if they are unsuccessful in collecting from you, they may be able to collect from any other assets you may have.
You cannot always avoid collection attempts by simply refusing to pay. Sometimes, the creditor is barred from proceeding directly against you but must instead obtain a judgment against your property. In this case, they will usually have the court appoint a collection attorney to go after your assets. The court will give the receiver specific instructions on how to go about selling or liquidating the property to satisfy the creditor’s claim.
What is debt defense?
Surprisingly, it is quite similar to other types of litigation. It is the same basic process and tactics that lawyers use to win lawsuits. However, there are some nuances and special considerations that apply to debt collection cases.
If you have hired a debt defense attorney, you will be able to retain legal representation throughout the entire lawsuit process. This is in contrast to many creditors, who often choose to have their clients deal with the situation by themselves or with a less experienced attorney. At the Law Offices of Michael D. O’Brien, we understand the challenges that people face when dealing with creditors. The collection process can be very difficult and frustrating. It is important to realize that the creditor wants your money and will do whatever they can to get it. Our law office has successfully helped people negotiate debt.
Debt collectors are prohibited from contacting you if you are represented by a debt defense attorney. Therefore, if you are represented, the collector will not be able to call you, notify you of any debts, or otherwise contact you. They have to cease making collection calls to you.
If you have not hired a lawyer, then you have no legal protection and could receive calls from the collection agency at any time. You cannot afford to ignore the threat of a lawsuit, and even if you are confident in your case, you need to do something about it. The first thing you should do is call your local debt defense attorney.
How can a debt defense lawyer help?
As soon as you have hired a debt defense attorney, they will put together a strong case against the creditor. They may use one of several strategies to get your debt dismissed.
First, they will file a motion to dismiss the case. This means that your attorney will go to court with your case and ask that it be dismissed. The basis for this motion will be either a lack of jurisdiction or a failure to state a claim upon which relief can be granted. It is important to understand what each of these terms means.
The term jurisdiction means that you must file the lawsuit in the proper court.
2. Failure to State a Claim
This refers to the type of claim that you are attempting to assert. It may be based on a violation of the Fair Debt Collection Practices Act (FDCPA) or the Truth in Lending Act. If the debt collector fails to respond to the complaint and does not appear at the hearing, the court will usually rule in your favor. If they do respond, they will make a counter-claim against you. You will then have to respond to this claim, and so on until all of the parties have filed their final claims.
If you are unsuccessful, then you can appeal to the next level of court. In this process, the judge’s decision becomes the final decision in the case. You may also have an opportunity to file a motion for summary judgment, which is similar to a motion for dismissal. Our law office has handled hundreds of cases against debt collectors.
What is the difference between debt defense and debt relief?
Debt defense attorneys are hired by consumers to defend their clients against collection agencies. Debt relief is a legal process that gives consumers relief from debt, such as through filing bankruptcy. Debt relief is sometimes referred to as “debtor’s discharge” because it, gives consumers a legal discharge.
Collection companies have only one goal in mind: the collection of debts. In their single-minded efforts to do so, they most often use profane language and call you every hour by the hour. You will feel harassed. It is good to know that collection laws are put in place to protect consumers from such harassment.
Get the best lawyers in Portland, Oregon
Dealing with debt collectors is an extremely painful process. You will get phone calls now and then, and often they harass you into submission.
If you are facing legal action for the money owed by a creditor, you need an attorney who will fight tooth and nail to protect your rights and your money. The law firm of Michael D. O’Brien, a Portland, OR debt defense attorney, has an experienced and dedicated team of lawyers to represent you. We will make sure nobody will be violating your rights.
Know your rights. Call us for a free consultation with our law office now!