If a creditor has sent you notice that they intend to sue you for non-payment on a debt, it is likely a very scary experience. Most people do not have experience with being sued, and may feel a sense of panic. If a creditor is taking action against you, know that there are many ways to handle it. If you do not have the money to pay back the debt, or if you don’t owe the debt, you have several options. Omaha attorney Burke Smith can help you determine if you have a debt defense, or if bankruptcy is the right step for you. Contact our office today.
Omaha, Nebraska debt defense attorney establishing grounds to have a lawsuit dismissed
Just because a creditor is suing you does not necessarily mean you have to either pay back the debt or file for bankruptcy. Creditors have a limited amount of time to file suit over debts. If a creditor or debt buyer is coming after you over a very old debt, the statute of limitations may have run out, which would result in the case being dismissed. Some other issues that may help you are if the debt collector or debt buyer took improper action while attempting to collect the debt, the debt has been transferred or sold to a third party and they don’t have proof of the sale or transfer or the debt you are being sued on was due to fraudulent charges or a identity theft. If you are being sued and any of these situations apply to you, you may have a strong legal defense for the suit. Contact our Omaha, Nebraska attorneys today to learn more about your options.
Bankruptcy discharges debts and ends lawsuits
If you are being sued for a legitimate debt that you owe, and your creditor has taken all legal steps to file action against you, you still have options. If you are able to pay the debt, it may be best to either pay the debt in full, work out a payment plan or a mutually acceptable compromise, such as paying half of the amount owed in a lump sum. However, people often cannot afford to pay the debt once it has been sued on. When you file chapter 7 or chapter 13 bankruptcy, your creditor can no longer sue you and must stop pursuing the case. If you are being sued, it is imperative that you know your options. Contact us today.