Your Federal Job Was Supposed to Be the Safe Bet

For most of your career, it was. Steady income, good benefits, a pension, and the kind of job security the private sector rarely offers. That assumption is gone.

Tens of thousands of federal employees and contractors across DC, Maryland, and Northern Virginia are now facing sudden income disruption. The debt doesn’t take a break because your paycheck did. The mortgage company isn’t waiting. The credit card bills don’t pause.

If you’re trying to figure out what your options are, you’re in the right place.

When the Bills Don’t Stop Just Because the Paycheck Did

A household built around a GS-12 salary, or a government contracting income, carries real obligations. A mortgage in Fairfax or Montgomery County. Car payments. Student loans. Medical bills. Credit cards that started covering the gaps.

Losing the income doesn’t erase those obligations. It just puts you under pressure to solve them.

I’ve spent the last two decades working with federal employees and contractors through exactly this kind of situation. I know what the options look like. I’ll be straight with you about which ones make sense.

What Lee Legal Can Help With

Chapter 7 Bankruptcy. Wipes out credit cards, medical bills, and personal loans. Usually done in three to six months. A genuine fresh start.

Chapter 13 / Save Your Home. Stop foreclosure, catch up on missed mortgage payments, and keep your home. The right tool if you have steady or returning income.

Wage Garnishment Defense. The automatic stay kicks in the moment you file. It stops garnishments immediately. Call me before your next paycheck is touched.

Security Clearance Guidance. Cleared employees need an attorney who understands how the adjudicative guidelines work. I’ve handled this intersection many times.

Government Contractor Cases. Lost a contract or task order? Contractor cases have specific income documentation issues and means test complexity. I know the landscape.

Free Debt Consultation. Not sure bankruptcy is right for you? I’ll go through every option with you at no charge.Lee Legal handles bankruptcy and debt relief for federal employees and contractors throughout Washington DC, Maryland, and Northern Virginia.

Federal Employee Bankruptcy: Your Questions Answered

Here are some answers to the questions federal employees and contractors ask most often. Every situation is unique — contact us for guidance specific to yours.

What’s the difference between Chapter 7 and Chapter 13?

Chapter 7 eliminates most unsecured debt — credit cards, medical bills, personal loans — and wraps up in three to six months. Chapter 13 sets up a three-to-five year repayment plan and is the tool for stopping foreclosure and keeping your home.

If you’ve had a recent income drop, you may now qualify for Chapter 7 even if you didn’t before. I’ll run the numbers with you.

Can a federal employee file for bankruptcy?

Yes. Federal employees have the same right to file for bankruptcy as anyone else. Filing doesn’t automatically affect your employment status or your security clearance, though it may be reviewed during a clearance adjudication. I’ll walk you through what that means for your specific situation.

Will Bankruptcy Hurt My Security Clearance?

This is the first question cleared employees ask. Here’s the answer: unresolved debt is a bigger threat to your security clearance than bankruptcy.

The adjudicative guidelines treat unpaid judgments, wage garnishments, and ignored lawsuits as red flags. Financial hardship from job loss or circumstances outside your control is explicitly treated as a mitigating factor. Taking action is better than letting the pile grow. I’ve handled many cleared employee cases and know how to approach this carefully.

I’m a government contractor who lost my contract. Is my situation different?

Yes, and it matters. Contractors often face a harder landing — no severance, no COBRA equivalent, fewer protections. The bankruptcy process also handles contractors differently, especially around income documentation and the means test.

Whether you’re a 1099 contractor, a W-2 employee of a firm that lost its award, or a small business owner who held the contract, I’ve handled your situation before.

What’s the difference between Chapter 7 and Chapter 13?

Chapter 7 wipes out most unsecured debt — credit cards, medical bills, personal loans — and typically closes in 3 to 6 months. Chapter 13 sets up a 3 to 5 year repayment plan and is the tool for stopping foreclosure and saving your home.

If you’ve had a recent income drop from a layoff or pay cut, you may now qualify for Chapter 7 even if you didn’t before. I’ll run the numbers with you.

Can I stop a wage garnishment or creditor lawsuit after a layoff?

Yes, and fast. The automatic stay goes into effect the moment you file. It halts garnishments, bank levies, collection lawsuits, and most foreclosure proceedings immediately. Call me before it gets worse.

What if I am behind on my mortgage after losing my federal job?

File Chapter 13 before foreclosure moves further. The automatic stay stops the proceeding immediately. A repayment plan then lets you catch up on missed payments over time while staying in your home. Virginia and Maryland foreclosure timelines are fast. Don’t give it more runway.

Are my FERS pension or federal retirement benefits protected in bankruptcy?

Yes. FERS, CSRS, and TSP accounts are protected under federal and state exemptions. You don’t have to touch your retirement to deal with your debt. Most federal employees I work with don’t know this going in.

What debts can bankruptcy eliminate?

Credit cards, medical bills, personal loans, payday loans, utility arrears, deficiency balances on repossessed vehicles, and some older tax debts. Student loans are generally not dischargeable, though hardship exceptions have more room than they used to. Child support and alimony can’t be discharged. I’ll go through every debt you carry so you know exactly where you stand.

Is there a free consultation available?

Yes. You’ll speak directly with me — not a paralegal, not an intake form, not a chatbot. I’ll review your finances, explain your options clearly, and give you a straight answer on the best path forward. No fee, no obligation.

How long does the bankruptcy process take?

Chapter 7: three to six months from filing to discharge. Chapter 13: three to five years, structured through a court-supervised repayment plan. Either way, relief starts the day you file. The automatic stay goes into effect immediately, and that alone changes the pressure you’re under.

Do you serve clients throughout the DC metro area?

Yes. I serve clients in Washington DC, Maryland (Montgomery County, Prince George’s County, and surrounding areas), and Northern Virginia (Fairfax County, Arlington, Alexandria, Loudoun County, Prince William County, and beyond). I file in all three federal bankruptcy courts covering this region and know each court’s local rules well.

Is there a free consultation?

Yes. You’ll talk directly with me — not a paralegal, not an intake form. I’ll go through your situation, explain your options, and give you a straight read on the best path forward. No fee, no obligation.

Evenings and weekends available. Phone, Zoom, or in person in downtown DC.

Who I Work With

Federal employees facing layoffs, RIFs, or forced resignations. Cleared employees and contractors worried about clearance impact. GS, SES, and wage grade employees with FERS or CSRS pensions. Government contractors who lost contracts or task orders. Postal workers, VA employees, DoD civilians, and IC personnel. Federal employees on unpaid administrative leave or LWOP. Small business owners who relied on federal contracts. Federal workers facing foreclosure in Virginia, Maryland, or DC. Spouses and family members of impacted federal workers.

Lee Legal files cases in the US Bankruptcy Courts for the District of Columbia, the District of Maryland, and the Eastern District of Virginia. I know each court’s local rules and how they run.

Your First Step Is a Free Conversation.

You’ll talk directly with me. I’ll listen, explain your options in plain language, and give you an honest read on where you stand.

No pressure. No obligation. No fee.

Call (202) 448-5136. Evenings and weekends available.

Being served with a lawsuit over an unpaid debt is alarming, but it does not mean the situation is hopeless. Whether the suit was filed by an original creditor, a debt collection agency, or a debt buyer, you have legal rights and more options than you might think. The worst thing you can do is ignore the lawsuit or assume there is nothing to be done. The best thing you can do is hire an experienced debt defense attorney as quickly as possible.

Every year, tens of thousands of consumers in Virginia, Maryland, and Washington, DC are sued for credit card debt, medical bills, personal loans, auto deficiencies, and other consumer debts. Many of those consumers never respond to the lawsuit, allowing the creditor to obtain a default judgment against them. A default judgment can lead to wage garnishment, bank account levies, and liens on your property, all without you ever having the chance to defend yourself.

An experienced, highly rated debt defense lawyer can change that outcome entirely. From challenging whether the creditor has the legal right to sue, to negotiating a favorable settlement, to fighting the case at trial, a skilled debt defense attorney gives you the tools and representation you need to protect your finances and your future. That is exactly what Lee Legal does for clients across Virginia, Maryland, and Washington, DC.

What Can a Debt Defense Attorney Do for You?

A debt defense attorney represents consumers who have been sued — or who are being threatened with a lawsuit — over an unpaid debt. This is a specialized area of law that sits at the intersection of consumer protection, contract law, and civil litigation. Not every attorney is equipped to handle these cases effectively. You need someone who understands the tactics creditors and debt collectors use, the procedural rules that govern civil debt lawsuits, and the consumer protection laws that may give you powerful defenses and even counterclaims.

When you hire a debt defense lawyer, here is what they can do for you:

• Review the lawsuit and all supporting documents to identify weaknesses in the creditor’s case
• Verify whether the creditor or debt buyer actually has legal standing to sue you
• Examine whether the statute of limitations has expired, which may be a complete bar to the lawsuit
• Challenge the accuracy of the alleged debt amount, including improper fees and interest
• Identify violations of the Fair Debt Collection Practices Act (FDCPA) or state consumer protection laws that may give you grounds for a counterclaim
• Negotiate a settlement that reduces or eliminates the debt, often altogether avoiding judgment and protecting your credit
• Represent you at hearings and trial if the case cannot be resolved through negotiation
• Protect your wages, bank accounts, and property from garnishment and levy

You do not need to have a perfect defense to benefit from legal representation. Even in cases where some debt is legitimately owed, a skilled debt lawsuit defense attorney can negotiate a settlement for less than the full amount, arrange a manageable payment plan, and sometimes ensure that no judgment is entered against you. 

The right attorney does not just play defense. Lee Legal lead attorney Brian V. Lee looks for every opportunity to leverage the law to your advantage. An outstanding litigator with debt defense experience can turn what feels like a losing situation into a manageable one, and sometimes into a win. Lee Legal brings exactly that approach to every client we represent.

How to Choose the Best Debt Defense Lawyer for You

If you have been served with a debt collection lawsuit, you may be searching for a debt defense attorney near you, a consumer debt defense lawyer, or a credit card debt lawsuit attorney. Lee Legal also frequently defends clients in lawsuits brought by QuarterSpot and On Deck. Here is what to look for when evaluating your options:

Relevant experience. Look for an attorney or firm that specifically handles consumer debt defense and civil litigation, not a general practice firm where debt defense is an occasional side matter. Brian Lee anticipates creditor tactics and knows how to respond.

Local knowledge. Debt lawsuits are governed by state procedural rules, local court practices, and jurisdiction-specific statutes of limitations. A top-rated attorney with experience in Virginia, Maryland, and Washington, DC courts will have a significant advantage over one who is unfamiliar with local practice. While settlement is often the right outcome, you want an attorney who is genuinely prepared to fight in court if that is what your case requires.

Client focus. Facing a debt lawsuit is stressful and often embarrassing. You deserve an attorney who will explain the process clearly, keep you informed, and treat you with respect, not one who makes you feel like just another file number.

Transparent fees. Lee Legal charges hourly fees, not flat fees. In cases involving FDCPA violations, attorney’s fees may be recoverable from the opposing party. The potential costs of your case are explained upfront, from the start.

Brian Lee has represented consumers in debt lawsuits involving credit card debt, personal loans, business loans, rent arrearage, just to name a few. He knows how creditors and debt buyers operate and how to defend against them effectively.

Why Lee Legal for Debt Defense in Virginia & DC

Lee Legal is a highly regarded litigation firm with deep experience in consumer debt defense across the Washington, DC area. When you are looking for a debt defense attorney who will actually fight for you, Lee Legal is the firm to call.

What sets Lee Legal apart:

• Experienced debt collection defense representation, grounded in an understanding of both the law and the litigation tactics creditors use
• Representation in Virginia, Washington, DC, and Maryland (federal courts) — giving clients tri-jurisdictional coverage that matters when creditors are operating across state lines
• A genuine willingness to go to court when that is in your best interest
• Evaluation of every case for potential FDCPA counterclaims and other consumer protection claims that could shift leverage in your favor
• Free, confidential consultations so you can understand your options before making any commitment

Whether you have just been served, are facing a hearing date, or are dealing with a judgment that has already been entered, Lee Legal can help. Call today to speak with a highly rated debt defense lawyer who will assess your situation and tell you exactly where you stand.

Schedule a Free Debt Defense Consultation

If you have been sued over a debt, or if a debt collector is threatening legal action, do not wait. Every day you delay is a day the creditor’s attorneys are working against you. Lee Legal is ready to review your case, explain your defenses, and build a strategy to protect you.

Call Lee Legal today to schedule your free, confidential consultation. There is no cost and no obligation, just straightforward answers from an experienced, top-rated debt defense attorney who is on your side.

Frequently Asked Questions: Hiring a Debt Defense Attorney

If you are facing a debt lawsuit or dealing with aggressive debt collection, you likely have questions. Here are answers to the ones we hear most often from clients in the DC region.

What happens if I ignore a debt collection lawsuit?

If you do not respond to a debt lawsuit within the required timeframe, typically 21 to 30 days depending on the jurisdiction, the court will likely enter a default judgment against you. A default judgment is a court order stating that you owe the full amount claimed. With that judgment in hand, the creditor can garnish your wages, levy your bank accounts, and place liens on your property. Ignoring a lawsuit is almost always the worst possible response. Contact a debt defense attorney as soon as you are served to preserve your options.

How much time do I have to respond after being served with a debt lawsuit?

The deadline varies by court and jurisdiction. In Virginia General District Court, you typically have 21 days to respond. In Washington, DC, you generally have 30 days from the date of service to file a written response. Missing this deadline can result in a default judgment. If you are unsure of your deadline, contact Lee Legal immediately. The summons can be reviewed and you will be told exactly how much time you have.

Can a debt defense attorney really get a debt lawsuit dismissed?

Yes, in some cases. Debt buyers and collection agencies frequently file lawsuits without adequate documentation, after the statute of limitations has run, or without proper legal standing to sue. An experienced debt lawsuit defense attorney will scrutinize the creditor’s case for these and other deficiencies. When defenses exist, they can result in dismissal of the case entirely. Even when the debt is legitimate, a skilled attorney can often negotiate a resolution that avoids judgment and protects your financial interests.

What is the statute of limitations on debt collection lawsuits?

The statute of limitations is the legal deadline by which a creditor must file a lawsuit. After that deadline passes, the debt is considered time-barred and the lawsuit should be dismissed. The applicable period depends on the type of debt, the terms of the original contract, and the state law that governs the account. In Virginia, the statute of limitations for written contracts is generally five years. Maryland allows three years for most consumer debt. Washington, DC allows three years as well, though specifics depend on the type of account. A highly rated debt defense lawyer will analyze whether the statute of limitations applies to your case.

What is the Fair Debt Collection Practices Act, and how does it help me?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits debt collectors from using abusive, deceptive, or unfair practices when collecting debts. It applies to third-party debt collectors and debt buyers, though not typically to original creditors collecting their own debts. Many states have analogous protections that apply more broadly. If a debt collector violated the FDCPA by making false statements, misrepresenting the amount owed, contacting you at prohibited times, threatening actions they cannot legally take, or suing on a time-barred debt without proper disclosure, you may have a counterclaim against them. FDCPA violations can entitle you to statutory damages and attorney’s fees, which shifts significant leverage in your favor. Lee Legal reviews every debt defense case for potential FDCPA and state consumer protection claims.

Do I have to go to court if I hire a debt defense attorney?

Not necessarily. Many debt lawsuits are resolved through negotiation before a court hearing is required. An experienced attorney can often negotiate a settlement, a payment arrangement, or a dismissal without you ever having to appear in court. That said, some cases do require court appearances, either because the creditor refuses to negotiate reasonably or because your strongest path to a favorable outcome is litigation. If court attendance is required, you will be fully prepared, and as an outstanding litigation firm, Lee Legal is equipped to represent you at every stage of the proceeding.

Can I be sued for a debt that was already discharged in bankruptcy?

No. If a debt was legally discharged in a bankruptcy proceeding, it cannot be collected through a lawsuit. If a creditor attempts to collect or sue on a discharged debt, that is a violation of the bankruptcy discharge injunction and can itself be actionable. If you believe you are being sued for a debt that was discharged in bankruptcy, contact Lee Legal immediately.

What types of debts does Lee Legal defend against?

Lee Legal defends clients against lawsuits and collection actions involving a wide range of consumer and commercial debts, including credit card debt, medical bills, personal loans, auto loan deficiencies, private student loans, retail charge accounts, lines of credit, and business debts. If you have received a lawsuit or a threat of legal action related to any unpaid debt, call for a free consultation to discuss your options.

Will hiring a debt defense attorney hurt my credit?

Hiring an attorney does not appear on your credit report and will not negatively affect your credit score. What does damage your credit is a judgment being entered against you. Settling a debt for less than the full balance can have some credit impact, but it is typically far less damaging than a court judgment, wage garnishment, or bank levy. The goal is always to find the resolution that best protects your financial health, including your credit, both now and in the long run.

How much does it cost to hire a debt defense attorney?

Fees vary depending on the complexity of the case, the court in which it is filed, and the type of representation needed. Lee Legal offers a free initial consultation so you can understand your situation and options before making any financial commitment. In cases involving FDCPA violations, attorney’s fees may be recoverable from the debt collector, meaning your legal defense may cost you nothing out of pocket. All fee structures are explained clearly during the consultation.

How do I get started with Lee Legal?

Getting started is simple. Call the office or use the website to schedule your free, confidential debt defense consultation. The lawsuit or collection action you are facing will be reviewed, your legal options will be explained in plain language, and a clear picture of how Lee Legal can help will be outlined. Do not wait. If you have been served with a lawsuit, your response deadline may be approaching fast. The sooner you call, the more options can be preserved for you.

QuarterSpot loans also require small business owners to personally guarantee their loans. So when Titan Asset Purchasing sues a business, it also sues the business owner, personally.

Choice of venue: Arlington Circuit Court

Both QuarterSpot and Titan Asset Purchasing obtains hundreds of judgments annually against defendants all over the country. The location of the business is irrelevant. If a business defaults on its loan, then the litigation will take place in the Circuit Court of Arlington, Virginia. QuarterSpot requires this as part of its loan agreement. “Choice of venue” contract provisions predetermine where legal proceedings will take place. QuarterSpot also applies its choice of venue clause to arbitration.

Once Titan Asset Purchasing obtains a judgment in Virginia, it hires local counsel in the jurisdiction near the defendant, domesticates the judgment, and attempts collection directly against the owner. Often, the business has already gone under; the business owner remains the only entity against which to enforce its judgment.

Typically, business owners are not liable for the debts of their businesses. QuarterSpot, however, checks the business owner’s personal credit rating before it decides to extend credit, and they require a personal guarantee on every loan they make. Titan Asset Purchasing subsequently names individual business owners as defendants in every lawsuit it files. The business owner’s personal liability on that loan gives rise to concurrent liability for business and business owner alike.

Titan Asset Purchasing is able to obtain a very high percentage of default judgments in the lawsuits it files because the business owners do not live near enough to Arlington, Virginia to mount a defense themselves. That’s where we come in.

Titan Asset Purchasing Lawsuits in Arlington Circuit Court

Lawsuits in Arlington Circuit Court are initiated by the filing of a warrant in debt. Once served, you must take action to avoid a default judgment. Virginia general district court have very short timelines.

Do not simply ignore a creditor because your business has closed, especially if you have personally guaranteed a business loan. You must mount a defense. Do not allow a default judgment to be entered simply because the business is going under or because you live far away from the choice of venue. Creditors like QuarterSpot and Titan Asset Purchasing will use a default judgment against you personally.

Do not file anything with the court or talk to opposing counsel before you talk to an attorney. Lee Legal provides debt defense to clients facing lawsuits in Arlington General District Court, Arlington Circuit Court, Alexandria General District Court, and Alexandria Circuit Court.

Some debt collectors are pretty good at their jobs. The more adept debt collection companies will try to force you into making bad decisions. But you don’t have to let that happen. You have to take control of the situation.

Creditors can cancel your cards. They can report negative information to the credit bureaus. And they can file lawsuits to collect on their debts. They can also email you, text you, and direct message you on social media. And they can call you — a lot, every day, multiple times a day. Obviously, that can be very distracting.

We will make the calls stop. Once you retain our office, debt collectors must go through us. If they contact you at that point, it’s an FDCPA violation. If necessary, we will verify and dispute the debt. We will also investigate the collector to make sure they’re in compliance. We will keep you informed of your rights at every step in the process.

Finally, if the debt is valid, we will negotiate a work-out agreement with the collector on your behalf. Usually, a negotiated settlement can save you a lot of money in the long run.

You don’t have to deal with debt collectors on your own. Call (202) 448-5136 for a free consultation and we will start taking your debt collection calls.

QuarterSpot small business loans

Online small business lender QuarterSpot provides short-term business loans for bad-credit borrowers. QuarterSpot offers six- to 18-month loans up to $250,000 at interest rates from 30 percent to 70 percent.

Business owners are typically not responsible for the debts of a business. QuarterSpot, however, checks the business owner’s personal credit rating before it decides to extend credit and requires a personal guarantee. A business owner’s personal liability on a business loan gives rise to concurrent liability for the business and owner alike.

On March 22, 2019, the Securities and Exchange Commission sued investment advisor Direct Lending Investments (or DLI), in part for falsifying loan repayment information reported by QuarterSpot.

QuarterSpot lawsuit in Arlington or Alexandria? Get a lawyer pronto.

Over the past few months, QuarterSpot has obtained hundreds of judgments simultaneously against both business and business owner. You cannot simply ignore QuarterSpot because your business has closed, especially if you have personally guaranteed a business loan. You must mount a defense. Do not allow a default judgment to be entered simply because the business is going under or because you live far away from the choice of venue.

Plaintiffs like QuarterSpot initiate collections lawsuits in Virginia by filing a warrant in debt. Once served, you must take action. Virginia general district court have very tight timelines.

Do not file anything with the court or talk to opposing counsel before you talk to an attorney. Lee Legal provides debt defense to clients facing lawsuits in Arlington General District Court and Alexandria General District Court. You can reach us at (202) 448-5136.

What is third party debt collection?

Third party debt collectors attempt to collect on debts owned by creditors. These types of debt collectors include agencies, companies, and lawyers. Typical creditors who use third party debt collectors are hospitals, vehicle lenders, utilities, and banks. Often, these creditors outsource their collections to allow them to focus on their core business. Almost as often, creditors employ third party collectors to avoid the dirty business of debt collection.

Debt collectors have vast (and growing) resources

More than 70 million Americans have at least one debt collection item on their credit reports. And debt collectors are currently chasing over $211 billion in overdue debt.

Debt collectors have an expanding set of resources available to them:

• 80 percent of debt collectors use skip tracing

• Debt collectors also widely use other techniques like call recording, predictive dialing, and automated speech analysis
• 21 percent of debt collectors attempt collection on debts that are past the statute of limitations

“Call bombardment” is common method employed by debt collectors. Only 49 percent of collectors limit the number of contacts per week. And just 53 percent of collectors limit the number of contacts per day. Most of these calls involve, of course, threatening to penalize the consumer for not engaging with the collector.

Moreover, debt collectors are looking to new technology to amplify their efforts. 61 percent of debt collectors currently use email, yet another 22 percent are considering adding email to their procedures. No fewer than 69 percent of debt collectors either use or are considering using SMS text messages to contact consumers. And 30 percent of debt collectors are currently using or exploring the use of social media to reach debtors.

Hire your own lawyer for debt defense

Some creditors rarely resort to litigation, while other creditors invariably sue. If you are sued by a debt collector, it should be clear that they intend to collect on your debt. The next step after judgment is garnishment, attachment, lien, and yet more collection efforts.

Many consumer debtors often face an imbalance of power, but that need not be the case for you. Hire your own lawyer for debt defense.

Whataboutism (and its counterpart bothsidesism) is much in the news lately in the context of our partisan national politics. But the strategy is older than logic itself. The Latin term for the logical fallacy of is tu quoque, or “you also.”

Father: You should stop smoking. It’s bad for your health.
Son: But you smoked for 40 years.

Whataboutists do not try to address factual assertions, and neither accept nor refute an opponent’s position. Whataboutism is a shoddy litigation tactic and cannot take the place of counterclaims in the development of a sound litigation strategy.

There are no substitutes for well-developed counterclaims

Whataboutism is no substitute for well-developed counterclaims. A counterclaim in litigation offsets or directly addresses the claims of an adversary. Counterclaims can also be entirely different, but related claims, in the same the litigation. Or counterclaims can bring in third parties to the litigation. Counterclaims are a vital component of a strong defense strategy.

Whataboutism, on the other hand, cannot take the place of well-developed counterclaims. Instead, it belongs in the category of ineffective strategies that includes tit-for-tat and “I know you are, but what am I?”

Moreover, whataboutism introduces easily-detectable and potentially damaging red herrings into litigation. It also tends to lend itself to conspicuous and counterproductive ad hominem accusations.

There are no perfect litigants

Very few, if any, litigants enter the courtroom with perfectly clean hands. Most claims have counterclaims, and most defendants have valid defenses. Most plaintiffs are imperfect, because nobody is perfect. There are no perfect litigants.

Courts are tasked with making factual findings and balancing the equity of the parties. Judges and juries alike will see through and discount whataboutist arguments. But properly established counterclaims may not only vitiate a plaintiff’s claims; they may also give rise to liability themselves. Whataboutism can never do this.

Avoid whataboutism and advance your counterclaims instead

Whataboutism signals an immature, underdeveloped defense strategy. It may be tempting to answer claims with, “But what about . . .?” Resist the urge. Instead, first attempt to directly address the claim through well-grounded defenses. Disproving the factual veracity of a claim goes much further toward undermining that claim than does introducing irrelevant (even if related) whataboutist countercharges.

The court room is the location for justice to be carried out with the judge representing the law. The way you conduct yourself is just as important as the matter before the judge. Good manners are usually parallel with common sense, but we can always improve! Here are some helpful hints.

Arrive early

Plan to arrive at the courthouse at least 30 minutes prior to your scheduled appearance. Take only your keys and court documents with you to expedite getting through the security check. If something unplanned occurs, be sure to give the court a courtesy call to inform them that you will be late. Call the chambers of the judge in your case to alert them that you will be late. This should be rare.

Dress professionally

Your first impression before the judge cannot be undone. We all know what business attire is. Don’t let your wardrobe choices give the judge any reason to question your judgment.

Be mindful

If you do bring your cell phone, ensure that it is turned off in the courtroom. Communicate clearly and be polite to everyone in the courtroom. That includes the judge, court staff and even opposing counsel. Be mindful of your behavior. Intentionally smooth out any rough edges you may have toward your adversary. Self-edit before you speak.

Be prepared

Brainstorm your case way in advance of your court date. Know the court rules and expectations. Saying “no one told me” will not make a difference or reflect well on your case as a whole. Have all your relevant exhibits and documentation. Don’t make excuses or blame your issue on someone else.

Maintain a calm disposition

Always remain cool, calm and collected. Never raise your voice. Only speak when asked a question by the judge. Speak in your own words. Memorizing what you are going to say is not recommended because it diminishes your credibility. Never use expletives; you could be found in contempt of court and jailed! Do not speak in anger, either. Attempt to always remain objective. Do not resort to exaggeration or sarcasm. Ever. Remain respectful of everyone in the courtroom at all times.

Behave in court

Although having to appear in court can be stressful, don’t sabotage yourself! Carry yourself in a manner that will be beneficial to your outcome. You don’t have to overthink it. Remain calm and confident in your communication. The court room is something most of us eventually experience. Learn from it.

Debt collectors don’t give up. They’re very motivated to hound you until the debt is collected. Why? Because collecting your debt is their source of income. Actually, they make money only if you pay the debt. Collection agencies get paid based on the amount they collect from you. Ignoring debt has many downsides.

Ignoring debt collectors won’t make them go away

Under new proposed rules, debt collectors could soon be able to send texts, emails and private-messages to collect on their debts — on an unlimited basis. Creditors will also continue to report nonpayment to the credit bureaus.

Verifying the debt is legitimate

You have the right to request validation of the debt under the Fair Debt Collection Practices Act. You should definitely find out if what they’re saying you owe as a debt is actually legitimate and whether the amount is correct. If you learn that it’s not legitimate, contact the collection agency right away to dispute the debt.

Missed opportunities to settle the debt

Interest, collection costs, and legal fees will be added and, of course, will increase with time. Seize the opportunity to make a payment arrangement with the debt collector. You may even be able to settle the debt for less than the original amount. But you must communicate with the collector to accomplish this.

Don’t get sued

A debt collector may file a lawsuit against you to collect on the debt. In most cases, this is just a matter of time. If you ignore the lawsuit, the creditor will obtain a default judgment against you. Wage garnishment is likely to follow. Any money in your bank account can also be garnished.

Debt doesn’t just disappear

Ignoring debt is like having a false safety net. It’s a progressively slippery slope. Obtain your credit report so you can make a comprehensive debt assessment. Prioritize your debt and make a realistic payment plan. You must contact the collectors and negotiate.

If you’re not able to reach an agreement or repayment isn’t feasible, then it may be time to contact a bankruptcy attorney. A legal professional can inform you of all of your options and help you obtain a new financial start.

A series of experiments by Professors Sean Martin and Jim Detert shows the more tempting the potential personal gain, the more likely we are to violate our own ethical boundaries. Moral disengagement essentially allows us to justify the negative ethical consequences of our behavior.

Don’t brush off your conscience

Labeling a transgression as a “victimless crime” is a form of moral disengagement. A yet more contorted version might yield, “They’d do the same to us.” And finally, insidiously, moral disengagement leads to the complete abdication of all blame for one’s actions: “No one will know the difference.”

We may sometimes be tempted to rationalize morally questionable decisions. At times, disengaging our sense of morals may be easier than asking ourselves tough questions. But there exists a vast difference between assessing options and justifying unethical behavior. To become morally disengaged is to undermine, ultimately, whatever perceived benefit that may accrue.

We all have a strong desire to see ourselves as good people. We desire almost as much to have others see us as so, too. Self-interest is not inherently wrong. But self-dealing is cheating.

Avoid moral disengagement in litigation

Discovery games. The discovery process often involves varying degrees of moral disengagement. But you should answer every question and fulfill every reasonable request. Object to the rest. Don’t hide evidence. Don’t play games.

Nonresponsiveness. Communication problems can result from moral disengagement. In my experience, responsive counsel solve problems, while the nonresponsive bill their clients.

Delay. Delay is an acceptable litigation tactic, appropriate in many situations. The post hoc justification of inaction, however, causes the delay of justice, waste of judicial resources, and otherwise introduces inefficiency into litigation without any benefit. Delay almost always aids the defendant in the criminal arena, but not so in civil litigation. Litigants are entitled to the timely resolution of their dispute. Recalcitrant counsel shouldn’t stand in the way.

Bluster. There is no room in litigation for blindness to the facts. The winner-takes-all, balls-out litigator, usually still trying to prove himself, may impress with his zeal, but probably not with his results.

I. Investigation

You must thoroughly investigate your claims and defenses and counterclaims because you must be able to produce evidence to back up every assertion you make in litigation. Your opponent’s job is to do damage to the either the credibility or the viability of your claims. Obtain every piece of information pertinent to the specific facts of your case. Focus on obtaining evidence central to the key factual disputes.

II. Pleading

Pleadings are informations formally filed with the court, including Complaints, Answers, and also Motions, which are requests for some action enforceable by the court. Drafted and filed and served, pleadings are the public view of your private case.

III. Discovery

Discovery typically takes the most time in a civil litigation case. The discovery stage includes depositions, interrogatories, requests for production of documents, and subpoenas. Labor-intensive, the discovery process is often where a case is won or lost. Without the information and documentation of the claims you assert, you will not be able prove your case and you will not win.

IV. Pre-trial proceedings

Pre-trial may be extended or truncated, depending on how far apart the parties are on the key issues. During the pre-trial phase, a party may file a Motion to Compel, Motion for Summary Judgment, and/or a Motion to Dismiss. Each of these requests require their own standard for legal sufficiency.

Often, even when a motion is denied, these pleadings can set the tone for the next phase of the case: At the pre-trial conference, the judge will schedule the trial and set timelines and other parameters.

V. Trial

Most lawsuits do not proceed to trial. Most cases settle. Only genuine issues of fact should be litigated. Facts not at issue are stipulated by the counterparties.

Good civil litigators spend comparatively little time at trial. Adequate bilateral representation can candidly quantify the parties’ probabilities of success prior to trial. Thus is settlement reached.

Parties can even settle during trial. Judges generally welcome settlement. In many civil litigation cases, the named party need never enter the courtroom.

VI. Appeal

Unlike trials, which adjudicate factual disputes, appeals adjudicate disputes over interpretation of the law. Appeals courts do not ignore facts. But appeals of a trial-court decision must question its legal (and not factual) validity. Parties who file appeals face an uphill climb, yet successful appeals can shape the way in which our laws are interpreted.

Navigating the civil litigation process

Different courts and local rules apply different timelines to each stage. A civil litigation case can run from a few months to several years. Understanding the six stages of civil litigation will allow you to map your case and craft a winning litigation plan.

Lee Legal serves clients in the Washington, D.C. metropolitan region

If you live in the (202) area code and are interested in hiring a bankruptcy, debt defense, or foreclosure defense attorney, leave us an inquiry here or call us at (202) 448-5136. We also serve clients in (703) and (571) in Virginia and (301) and (240) in Maryland. Lee Legal provides excellent, affordable counsel to clients from the entire D.C. area, and every client gets a free consultation.

If you live in Richmond or Baltimore, then you are a bit outside of our area. If you live in a different state altogether, then you should try to find a lawyer closer to you. We can only assist clients in the D.C., Maryland, and Virginia.

Lots of folks in D.C. have cell phones from other areas. If you live in or near D.C. but have a different area code, obviously we’d love to hear from you, too.

Find an attorney near you to discuss your legal issues

We are, in fact, ethically prohibited from providing legal advice to clients outside our licensed jurisdictions of Virginia, Maryland, or Washington, D.C. Even general questions that you may have should be directed to a lawyer who practices in your jurisdiction.

If you are looking for a bankruptcy attorney near you, you can find one using the NACBA attorney locator. If you seek a foreclosure defense attorney, go to Google and search for:

[your town] foreclosure defense lawyer

Find a lawyer who you’re comfortable working with. You don’t have to retain the first lawyer you meet. Seek out a reputable, well-recommended attorney with a proven track record.

We’re glad to help you, if we can

Thank you for all of the positive feedback on our articles. I’m glad we’re helping people. That’s why I became a lawyer, and it’s the driving principle behind Lee Legal.

We’ll continue to provide fresh, relevant legal information of interest to potential clients. But if you have a legal issue, consult a lawyer close to you. Do not mistake what you read on any website for informed legal advice from a lawyer.

Legal knowledge and experience. Hire a lawyer with superior knowledge of both the law and legal procedure. Your lawyer should be able to give you a range of expected outcomes for your case, based on his experience in other cases. Asking a lawyer to briefly summarize his experience should not be met with disdain. Good lawyers are proud of their accomplishments and happy to share their breadth of experience with prospective clients.

Excellent interpersonal skills. If you don’t get along with your lawyer, your case will not go well. It’s OK to have a love-hate relationship, as long as there is some love to go with the hate. Importantly, how your lawyer conducts himself with you strongly indicates how that person will interact with others. If you don’t feel comfortable with your lawyer, it’s likely that others will not, either.

Negotiation skills. Select a lawyer with strong negotiation skills. You don’t want a lawyer who “gives away the store.” But neither do you want a lawyer who is so inflexible as to derail negotiations where a deal can be made. Negotiations are a two-way street. Settlement discussions are not unilateral and require seeing things from the other party’s point of view.

Analytical abilities. Your lawyer should be able to synthesize complex facts and documents to create a cogent legal argument. Methodical and logical scrutiny of your case is crucial to a successful outcome. Even the strongest case can be undermined by faulty or undeveloped reasoning.

Hire a lawyer who inspires confidence

If you meet with a lawyer and are not instilled with confidence, seek legal assistance elsewhere. Retaining a lawyer is a serious decision. Keep the above characteristics in mind when interviewing an attorney to handle your case.

The garnishment process

Before a creditor can garnish your wages, that creditor must obtain a court order, meaning the creditor must first sue you. Garnishment is the last resort for creditor collection on a debt. In most cases, the creditor has attempted alternative collection efforts prior to litigation. Once a creditor obtains a money judgment against you, garnishment is not far off.

There are three exceptions to the rule that a creditor must first sue you to obtain a garnishment order: child support, taxes, and student loans. State child support enforcement agencies, the IRS and the Department of Education can all garnish wages without a court order.

How much of my paycheck can a creditor garnish?

The Consumer Credit Protection Act limits garnishment to 25 percent of your disposable income and prohibits employers from terminating an employee because of a garnishment. Each state also has its own garnishment laws.

In Washington, D.C., a creditor can garnish up to 25 percent of disposable wages. The garnishment laws of the District of Columbia are contained in D.C. Code § 16-571 through 16-584. The Wage Garnishment Fairness Amendment Act of 2017 (pending) would further limit garnishment in D.C.
by factoring in gross wages and disposable wages. The bill would also effectively exempt altogether minimum wage employees from garnishment.

In Virginia, a creditor may garnish either (a) 25 percent of your disposable earnings or (b) 40 percent of the federal minimum wage, whichever is lower. Garnishments in Virginia must be renewed (the “return date”) every six months. The garnishment laws of Virginia are contained in Va. Code Ann. § 8.01-511.

In Maryland, a creditor may garnish either (a) 25 percent of your disposable earnings or (b) the amount of disposable income exceeds 30 times the federal minimum hourly wage, currently $7.25. Judgments in Maryland are enforceable for 12 years, and they can be renewed. Interest also accrues on judgments in Maryland at the legal rate of up to 10 percent.
The garnishment laws of Maryland are contained in Md. Code 15-601 et seq.

How do I stop garnishment in DC, Virginia or Maryland?

Generally speaking, creditors will not consider settlement of a debt once a garnishment order is in place. The creditor has already gone through the trouble to obtain judgment and garnish your wages. Once deductions commence, the creditor will not stop garnishment voluntarily.

If you cannot simply pay off the debt in full, the quickest and surest way of stopping wage garnishment at that point is to file bankruptcy. The automatic stay immediately terminates the garnishment and you will obtain a discharge of the debt.

Let the facts rule

Get your story straight and let the facts tell the story. When you’re sure about what happened, there’s no reason to be discourteous. Let the story tell itself. 

Let your lawyer do his job

If you are the client, be the client. Let your lawyer decide how best to litigate your case. After all, that’s what you’re paying him or her to do. Asking questions is smart, but second-guessing which arguments to make or how to interpret the law will force counsel to withdraw.

If you are called to testify, use your own words. Do not try to speak “legalese” or gratuitously complicate the matter. This usually does not help your cause and simply wastes the court’s time.

The same is true for written pleadings. In most cases, less is more. Get to the point quickly.

Act respectfully at all times

Your lawyer deserves your respect. Opposing counsel deserves your respect, regardless of what you believe of your opposing litigant. Treat everyone in either law office with courtesy. 

When you enter a courthouse, be respectful of everyone you encounter, from the security guard, to the bailiffs, to the clerks, to the judge. To act otherwise is not only unnecessary. It could also be detrimental to your case. 

In addition, respect is costless. You surrender nothing by respecting others.

Prepare!

If you miss a deadline, you may be out of luck. Court procedural rules are ruthless for a reason: they even the playing field between litigants. Missed deadlines are usually the result of a lack of preparation. Civility requires diligence: be prepared and be on time.

Be tough, not uncivil

Everyone who comes into court wants to win. Some cases are easier than others, but most serious litigation requires a degree of intestinal fortitude. But you can be tough without being impolite. If you win, you want to win graciously. If you lose, you don’t want to be a sore loser. 

Call the lawyer

Deal directly with the attorney who filed the case. Do not attempt to contact the named plaintiff or original creditor. Once a warrant in debt has been filed, the creditor has paid its attorney to take over the case. You may have to talk with another lawyer in the firm, or even a paralegal. But direct contact with a represented party is prohibited. Call the lawyer.

Be specific

Tell the attorney what you want and how you believe the case should be resolved. Be specific. Before you even call the lawyer, have several permutations of settlement figures calculated. Know what you want before you ask for it. Knowing how to ask for it helps, too.

Be reasonable

Simply knowing what you want will not resolve the case in and of itself. The creditor, after all, has a say in the matter, too. Most cases involve several rounds of negotiations. And most creditors require some form of documentation to prove hardship or to approve a settlement. You must be reasonable in responding to requests for documents. And you must be reasonable when determining whether to accept an offer. Inflexibility and intractability do not serve your best interests.

Be diligent

Missing a hearing or a deadline in Virginia will prove fatal to your case. Virginia legal procedure is unforgiving. Opposing counsel will not throw you a lifeline. The court will grant the plaintiff default judgment if you fail to attend a hearing or file a pleading prior to deadline. In Virginia, the standard for excusable neglect is severe. You must be diligent in the prosecution of your case.

Litigating a warrant in debt in Virginia

Your best bet when litigating a warrant in debt in Virginia is to hire an attorney to defend you. Call Lee Legal at (202) 448-5136 to discuss your case. We specialize in debt defense and routinely litigate warrants in debt in the Virginia General District Courts of Arlington and Alexandria.

You may have legitimate defenses, in which case you should strenuously exert them. If you do not dispute that you owe the debt, however, then you should attempt to settle the debt. Debt settlement almost always saves time and money.

Watch your timeline

Never simply accept a default judgment. If you do not timely respond to a complaint or warrant in debt, the court will grant judgment for the plaintiff. The creditor will then attempt to use that judgment to garnish wages or seize bank accounts. At that point, your only options are to pay the debt in full or file bankruptcy.

Responding to the complaint by filing an Answer is your better move. Timelines in the D.C. area are short.

In Washington, D.C. you must file your Answer and serve the plaintiff within 20 days. In Virginia, you have just 21 days to file and serve an Answer. In Maryland, you must file either an Answer or a notice of intention to defend within 15 days after service of the complaint. Out-of-state defendants in Maryland lawsuits get 30 days to respond.

Verify the debt

Once your Answer has been filed and you have served the Plaintiff, verify the debt. Search your personal records and/or credit report to verify whether you actually owe the creditor. Then cross-check your records against the complaint or warrant. If you are unable to locate the debt amongst your records, reach out to opposing counsel and request verification of the debt. If the lawsuit is based on mistaken identity, then resolution should be quick.

Some creditors ignore inquiries until after the initial hearing. These creditors hope that you will not show up and that they will be granted a default against you. You have the legal right to request that the creditor validate their alleged debt. Creditors, as plaintiffs, must legally prove that a debt is indeed your debt. But they are required to do so only within the parameters of the court’s civil procedures and local rules.

Assess your chances

Not all creditors are the same. Some act in good faith, while others will use every advantage they can to extract from you as much as they can. Being right isn’t enough. You must be able to prove that you are right.

Not all defendants are the same, either. If the creditor believes you have the resources to pay the debt in full, in a lump sum, then negotiations with the creditor may prove difficult. Oftentimes creditors do not file lawsuits against defendants they assess as not having the ability to pay.

You must assess your chances not only of prevailing at trial, but of succeeding in negotiations. Knowing which creditors are more likely to settle is helpful. Knowing how to represent your overall financial picture in the most accurate way will also go a long way toward obtaining favorable settlement terms.

Hire an experienced attorney to settle a debt

Your chances of successfully settling a debt improve immensely if you hire an attorney to represent you. Using the court’s procedural rules to your advantage, we may be able to negotiate an affordable installment payment schedule with your debt collector. And we can likely reduce the amount you owe to a percentage. Hiring an attorney to settle a debt almost always saves you time and money. If you get sued on a debt in the D.C. area, call Lee Legal at (202) 448-5136.

On Deck Capital provides loans to small businesses. Its loan agreements contain “choice of venue” clauses providing for litigation in Arlington GDC. On Deck Capital also requires small business owners to personally guarantee its loans. So when On Deck sues a business, it also sues the business owner, personally.

On Deck Capital small business loans

A publicly traded company, On Deck Capital provides loans to small businesses with a minimum $100,000 annual revenue. Loans vary from $5,000 to several hundreds of thousands. Last week, the smallest judgment obtained was for $10,028 against Amazon Pet Market (as well as its owner), based in Hialeah, Florida. The largest judgment On Deck obtained last week was for $19,848 against 2Vapedx LLC (as well as, again, against its owner), based in Jersey City, New Jersey.

Over the past few months, On Deck has obtained hundreds of judgments simultaneously against both business and business owner.

Choice of venue: Arlington General District Court

The location of the business is irrelevant. If a business defaults on its loan with On Deck, then the litigation will take place in the General District Court of Arlington, Virginia. On Deck requires this as part of its loan agreement. “Choice of venue” contract provisions predetermine where legal proceedings will take place. On Deck also applies its choice of venue clause to arbitration.

On Deck is able to obtain a very high percentage of default judgments in the lawsuits it files because the business owners do not live anywhere near the Arlington General District Court.  Once On Deck obtains a judgment in Virginia, it hires local counsel in the jurisdiction near the defendant, domesticates the judgment, and attempts collection directly against the owner. Often, the business has already gone under; the business owner remains the only entity against which to enforce its judgment.

Personal guarantee of business loans

Typically, business owners are not liable for the debts of their businesses. On Deck Capital, however, checks the business owner’s personal credit rating before it decides to extend credit, and they require a personal guarantee on every loan they make. On Deck subsequently names individual business owners as defendants in every lawsuit it files. The business owner’s personal liability on that loan gives rise to concurrent liability for business and business owner alike.

Lawsuits in Arlington General District Court

Lawsuits in Arlington General District Court are initiated by the filing of a warrant in debt. Once served, you must take action. Virginia general district court have very short timelines.

You cannot simply ignore a creditor because your business has closed, especially if you have personally guaranteed a business loan. You must mount a defense. Do not allow a default judgment to be entered simply because the business is going under or because you live far away from the choice of venue. Creditors like On Deck will use a default judgment against you. Personally.

Do not file anything with the court or talk to opposing counsel before you talk to an attorney. Lee Legal provides debt defense to clients facing lawsuits in Arlington General District Court and Alexandria General District Court. We can be reached at (202) 448-5136.

Settle in and settle down

Lots of activity happens both before and after foreclosure. The process can be slow or can move very quickly. Sometimes months can pass without anything happening. Then much can happen within a matter of weeks.

Before the foreclosure takes place, you may be engaged in litigation. You may be attempting to prevent the foreclosure through loss mitigation, like modification or reinstatement. You may be exploring options for a new place to move.

After the foreclosure takes place, you must find a new place to move. And you must move. You have to update your driver’s license and change your address with banks and employers. Foreclosure can make it feel like your world has been turned upside down, or perhaps even inside out.

What comes next? You have to settle in and settle down. Take the time to settle in to your new home. Then settle down, take a deep breath, and take stock of what led to the foreclosure. Get all of the foreclosure documents together and put them in a folder. Then put that folder in a drawer and move on with your life.

Rebuild your credit

First and foremost, determine how to deal with any deficiency left on the mortgage balance. Your mortgage lender can either forgive the deficiency or pursue you for the balance. Dealing with the mortgage deficiency is an important part of rebuilding your credit. You cannot recover from foreclosure if you are still paying the mortgage for a home you no longer own. If a foreclosure remains on your credit report for more than seven years, you should request its removal.

And while you’re at it, clean up your entire credit profile. Do not rely on a credit monitoring service. You have to personally control the process of rebuilding your credit.

Qualify for another mortgage

You will be able to get another mortgage after a foreclosure if you take the right steps to recover from the foreclosure.

In today’s market and under current underwriting guidelines, you may qualify for a mortgage more quickly than you think. Take the time following the foreclosure to save up as much as you can for a down payment. The more you are able to bring to the table, the lower your principal and interest rate will be. And the lower your interest rate, the lower your monthly payment.

Following a foreclosure, you will qualify for a mortgage within 3-4 years.  Be patient, rebuild your credit, and save up your down payment. If your goal is to become a homeowner again, it won’t take forever. Keep your eyes on the prize and you’ll be in your own home again within a few years.

Recover from foreclosure

Often the most devastating effects of a foreclosure are psychological. If you can convince yourself that you can — and will — move on, often that’s the toughest part of the task. Settle in, settle down, rebuild your credit, and you will recover from foreclosure.

Pro se litigants lose (and lose big) more often than litigants with a lawyer

When a litigant defends oneself in a lawsuit, that’s called pro se, which is Latin for “in one’s own behalf.” In debt collection lawsuits, trying to be your own lawyer can prove very damaging to your case.

Take a look at a recent study on Virginia self-represented litigants by Blue Ridge Legal Services, the Legal Aid Society for Shenandoah and Roanoke Valleys. The study examined Virginia General District Court cases from April 1, 2015 through March 31, 2016.

The Blue Ridge study found that the vast majority of civil cases in Virginia include at least one unrepresented party. And those unrepresented parties do not fare well.

As the graph above shows, success rates for unrepresented parties are much, much worse than for those litigants who hire a lawyer. The study’s results would likely replicate across jurisdictions.

Both plaintiffs and defendants have
substantially higher success rates
when represented
than when they are unrepresented.
The representation status of
the parties, and the resulting potential
for imbalance of power when only one
is represented, is significant.

Virginia Self-Represented Litigant Study,
John E. Whitfield (April 4, 2018)

Perhaps not every case calls for a lawyer. But if a creditor goes through the trouble of suing you, the amount sought is likely substantial enough to justify hiring an attorney. Do not delude yourself into believing that being right is enough. You must vigorously preserve your options in litigation to ensure a favorable outcome.

Defend yourself in a debt collection lawsuit? No.

If the damages are small enough, who cares? Simply pay the debt and get ride of the lawsuit. But if the numbers are big time, do not defend yourself. Hire a debt defense attorney to exert your affirmative defenses and attempt settlement of the debt on your behalf.