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Debt, collections and consumer attorneys near you

Debt collectors, a lawsuit over a debt, garnishment, or credit report errors.

Deadline, in general

Commonly 20 to 30 days to respond to a lawsuit; most consumer debts must be sued on within three to six years.

Most debt collection lawsuits are won by default, not on the merits — the person served never files a response, and the collector gets a judgment that allows wage garnishment and bank levies. Filing a response changes the position entirely, and many collectors cannot produce the documents proving they own the debt.

The federal Fair Debt Collection Practices Act, and most state statutes on top of it, limit what a collector may do. They may not threaten arrest, contact you at work after being told not to, or misstate what you owe, and a violation can carry statutory damages and attorney fees, sometimes worth more than the debt.

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What do you need help with

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Choose everything that applies. People often have more than one problem at once, and they are frequently connected.

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This may be your situation if

—You have been served with a summons and complaint over a debt.
—Money has started disappearing from your pay or your bank account.
—A collector calls repeatedly, at work, or threatens arrest.
—You are being chased for a debt that is not yours or that you already paid.
—Something on your credit report is wrong and the dispute went nowhere.

What an attorney generally does here

—File the response inside the thirty-day window and stop a default judgment.
—Make the collector prove it owns the debt and that the amount is right.
—Raise the limitation period where the debt is too old to sue on.
—Bring a claim for collection conduct that breaks the rules.
—Deal with garnishment, exemptions, and whether bankruptcy is the better answer.

The deadline

Commonly 20 to 30 days to respond to a lawsuit; most consumer debts must be sued on within three to six years. Set by Your state’s rules of civil procedure and its limitation period on contracts.

Making a payment on an old debt can restart the clock, which is why collectors ask for a token payment on debts they could not otherwise sue on. Ask before paying anything on an old account.

Worth gathering first

—Everything you were served, and the date you were served.
—Collection letters and a log of calls with dates.
—Statements or records showing what was actually borrowed and paid.
—Your credit reports.
—Any garnishment or bank levy notice.

If you work in care

Medical debt is the common one, and it behaves differently: federal rules require nonprofit hospitals to run charity care policies, and many states limit how they may collect. A hospital bill that went to collections is worth reviewing before it is paid.

Common questions

I was sued over a debt. What happens if I ignore it?

A default judgment, which allows wage garnishment and bank levies. Responding within the window is the single most important step, whether or not you owe the money.

How much of my wages can be garnished?

Federal law caps garnishment at a share of disposable earnings and protects a floor tied to the minimum wage. Several states protect more, and a few bar wage garnishment for consumer debt almost entirely. Exemptions can reduce or eliminate it, but they must be claimed.

Can a collector threaten to have me arrested?

No. Threatening arrest over a consumer debt violates the federal Fair Debt Collection Practices Act, and state collection law with it, and can support a claim with statutory damages and fees.

The debt is very old. Can they still sue?

Most written consumer debts carry a limitation period of three to six years depending on the state. Making a payment can restart it, so take advice before paying anything on an old account.

Lemon law

A new or used vehicle still under warranty that the dealer cannot fix.

Housing and eviction

An eviction notice, an illegal lockout, or a home the landlord will not repair.

Wills and estates

A will, a living trust, power of attorney, or handling an estate after a death.