South Florida Debt Settlement/Credit Card Litigation Lawyer Miami

Looking For A South Florida Credit Card Litigation/Debt Settlement Lawyer? The Santos Law Offices, P.A. Will Develop A Legal Strategy For You.  Let’s Get Started with Your Free Consultation, So You Can Find Out How We Can Help

Credit Card Litigation in South Florida

Between the high interest rates and late fees, credit card debt can quickly go from hard to manage to completely overwhelming. No matter how thin you stretch your budget, you can’t seem to make the monthly payments, and now, the creditor has served you with a lawsuit. As much as you might want to ignore the lawsuit, that would be a huge mistake. If you don’t respond, the creditor can gain a default judgment and garnish up to 25 percent of your wages to pay the debt.

While default judgments are easy to get, it’s much harder for collection agencies to win when you stand up to them in court. They often don’t have the proof needed to secure a judgment, so you can finally move past this stressful point in your life. Contact us today for a free consultation. Then, your lawyer can formulate a defense to help you fight back in court.

Credit Card Lawsuit Defenses

Your South Florida credit card litigation lawyer will develop a legal strategy for you. Common defenses include:

  • Improper service of the complaint or summons
  • Statute of limitations 
  • Violation of the Fair Debt Collection Practices Act
  • Lack of Standing 
  • Fraudulent charges 
  • Mistaken identity
  • Debt discharged in bankruptcy 
  • Debt paid

Fair Debt Collection Practices Act And Credit Card Litigation

Your South Florida credit card litigation lawyer will evaluate your case to see if the creditor violated the Fair Debt Collection Practices Act (FDCPA). The act has several provisions to ensure fair debt collection practices. For instance, it states that debt collectors cannot make threats of harm or violence, use profane language, call at unreasonable hours, or call repeatedly. Collectors also cannot state that you’re going to get arrested or go to jail if you don’t pay your debt.

If the collector has violated the FDCPA, you can then file a lawsuit to collect up to $1,000 in damages, along with attorney’s fees. Also, your attorney can use the FDCPA violation as a bargaining tool to negotiate a settlement. If you think that a debt collector has violated the act, collect any evidence and speak to a lawyer.

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Why Choose Santos Law for Credit Card Litigation/Debt Settlement?

Free Consultation

We provide you with knowledgeable assessment of your situation to help you determine the best course of action for you.
We do consulations by Phone, In -person and virtually

Highly rated and reviewed

4.9 Review rating on google, 170 5 stars Facebook reviews with 5-Star rating review on respected legal website Avvo.

Personal attention

We Understand and Respect that every client’s needs are unique. We treat all of our clients with the attention they deserved. 

highly responsive

We pride ourselves on fast response times when communicating with our clients. We will never let your questions or concerns go unaddressed.

caring & compassionate

Our team is incredibly experienced and truly understands the complications that credit card litigation can bring into your life. we will help you every step of the way

Bilingual

Dalyla Santos and the Staff at The Santos Law Offices are Fluent in English and Spanish, ensuring that each client receives proper representation.

Solid representation

We will represent you during the credit card litigation process. Your case will be through and presented for the best possible outcome.

We keep you updated

Transparency is important. we want you to know what’s happening with your case at all points in the process.

Lack Of Standing

Third-party collection agencies often initiate lawsuits on unpaid debt. They purchase debt from the original creditor, and when they don’t receive payment, they sue. In many cases, South Florida credit card litigation lawyers can prove a lack of standing in these cases. The third-party collection agency has to show that it purchased the debt from another agency and must have all the documentation regarding the debt. The more companies the debt passes through, the harder it is to provide all the documentation. Remember, the burden of proof is on the creditor, and if the company cannot prove that the debt is valid, you can win in court.

Statute Of Limitations For Credit Card Debt

The statute of limitations for credit card debt is five years. The clock starts ticking with the first missed payment but restarts with each new payment. For example, assume that you haven’t paid your credit card bill for four years, and then you sent a payment. Instead of having one year left on the statute of limitations, it will reset to five years. If the statute of limitations has passed, consult with a South Florida credit card litigation lawyer before making payments.

Filing For Bankruptcy After A Lawsuit Is Filed

If you owe the debt and are concerned about a judgment against you, you can file for bankruptcy after getting served. While many people think that bankruptcy is no longer an option, you can file to stop all collection activity and discharge the debt. Your South Florida credit card litigation lawyer can discuss Chapter 7 and Chapter 13 bankruptcy to see if you want to move forward. 

Keep in mind that you might have to liquidate assets if you file for Chapter 7 bankruptcy. On the other hand, you can keep your assets if you file for Chapter 13 but might have to make affordable monthly payments to pay the debt. Your attorney will help you evaluate both options so you can move forward with the one that makes the most sense for you.

Client Reviews– The Santos Law Offices, P.A.

Actual Words Clients Have Used to Describe Us & Their Experience:

“highly recommend the Santos Law Office”, “I had a great experience”, “will get the job done”, “everything went smoothly“, “the attention is always personal”, “very professional team I highly recommend”, “the staff was great and they walk you through every step of the way”, “Working with Ms. Santos and her crew throughout my process was delightful” “made everything easy and simple”, “They work very hard to help you and make sure all goes well”, “answered any questions without hesitation”, “the right place for legal services”, “highly recommended”, “very professional staff”, “very kind and helpful”, “always answers the phone and helps you with any questions”, “expertise makes them stand out from the rest”, “whole team from paralegal to the attorneys are a pleasure to work with”, “the attention is always personal”, “very assertive and proficient”, “work very hard to help you, and make sure all goes well”, “Excellent Service”, “Great lawyer, highly recommended”, “They made everything easy and simple, also they answered any questions without hesitation!”

If these things are what you are looking for in a law firm then contact us to see how we can help you and your family.

Our Location

We help families in Miami, Hileah, Kendall, Miami Beach, Westchester and Dade County locally and outside of Florida when issues need to be handled for a family member’s estate within the state of Florida. Locally, clients come to us from Orlando, Kissimmee, Winter Park, Apopka, Sanford, Miami, Hileah, Kendall, Miami Beach, Westchester and throughout Orange and Dade County.

What To Do Now:

We welcome your questions and want to understand your situation to help you move forward and achieve the peace of mind that comes with having everything done properly and efficiently. Call our law office (305) 417-4111 with questions, a description of your situation to see if we can assist or to schedule a consultation. Or you may simply fill out the form above on this page. Your form will be directly emailed to our office and you can expect a reply within 1 business day and often within hours the same day. All information you share is confidential.

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