Evaluate Your Defenses
Is the debt past SOL? Can they prove ownership? Is the amount correct? Were you properly served? FDCPA violations? Are they licensed? Strong defenses can mean a complete win with damages.
When Fighting Makes Sense
Fight when: debt is time-barred, buyer cannot prove ownership, you have FDCPA counterclaims, amount is wrong, debt was discharged in bankruptcy, or buyer engaged in harassment.
When Settlement or Bankruptcy Is Better
When: debt is valid and well-documented, you owe multiple debts, you face garnishment, or litigation cost exceeds benefit. Bankruptcy's automatic stay stops everything immediately.
Frequently Asked Questions
Can I recover money if I win?
FDCPA violations: up to $1,000 statutory plus actual damages plus attorney fees. State consumer protection act violations may allow treble damages.
What if I can't afford a lawyer?
Many consumer attorneys work on contingency due to FDCPA fee-shifting. Legal aid organizations also handle these. Even filing a pro se answer raising SOL may get the case dismissed.
Should I worry about retaliation?
No. Fighting is your legal right. Any retaliation (increased calls, threats) would be additional FDCPA violations. Document everything.
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