Consumer Debt Defense

Consumer debt defense is about getting control back. A creditor lawsuit, a wage garnishment, or a relentless debt collector can take over a family’s life in a way that is hard to describe to anyone who has not been there. Our job is to stop the bleeding, review what you actually owe, and build the cleanest path out.

When a creditor sues you

Getting served with a collection lawsuit is not the end. Many creditor cases have real defenses. Standing problems (has the debt actually been assigned to the party suing you?), statute of limitations issues, accounting errors, or improper service can all change the outcome. You typically have 20 days to file an answer once served with a Florida complaint. Miss that window and you may face a default judgment, followed by wage garnishment or bank levies. The fix for a default is much harder than the fix for a pending case.

Call us the same day you are served.

Negotiating with creditors

Not every debt problem requires bankruptcy. Many creditors will settle for a meaningful percentage of the balance, particularly when we can demonstrate that bankruptcy is the alternative. We negotiate lump-sum settlements, structured payment plans, and creditor workout agreements, always with written documentation and clear terms.

Bankruptcy, when it fits

When negotiation isn’t enough, federal bankruptcy protection is the tool Congress built for exactly this situation. Chapter 7 liquidates non-exempt assets and discharges most unsecured debt in 3–4 months. It is the right fit when there is not enough income to make meaningful payments on the debt load and when exempt assets let you keep what you need to rebuild. Chapter 13 is a 3–5 year repayment plan that protects secured assets such as your home and your car while you catch up on arrears. It is often the right fit when you need to stop a foreclosure or a car repossession and you have the income to sustain a plan.

We do not file bankruptcy unless it is the right tool.

Stopping creditor harassment

Once a case is filed, the automatic stay takes effect immediately. Creditors must stop calling, stop sending letters, and stop any wage garnishment or lawsuit. Continued contact after a filing is a violation of federal law, and in some cases a violation of the Fair Debt Collection Practices Act (FDCPA) that entitles you to damages. We enforce the stay and pursue FDCPA remedies when creditors cross the line.