Akron Debt Defense Attorney

Woman looking at papers and a credit card

Being sued for an unpaid debt can be stressful and overwhelming, especially if you have debt collectors threatening you with legal action. Heavy debts can significantly affect your finances. You may be worried about losing your home, car, or business as a result.

You do not have to face these worries alone because the legal team at Amourgis & Associates, Attorneys at Law can help you take action. Our Akron debt defense lawyers have decades of experience advocating for Ohioans struggling under the burden of unpaid debts. We can explain your legal options, stop creditors from harassing you, and help you move forward with your life. Contact our office today for an initial case review.

Can a Debt Collector Sue Me in Ohio?

A creditor or debt collection agency can sue you to collect your unpaid debts. However, just because a creditor files a lawsuit against you does not mean you are obligated to pay them or file for bankruptcy. There are various defenses against legal actions taken by a debt collector. The most crucial step to take if a creditor or collections agency sues you is to hire a debt defense lawyer who can advise you and protect your legal rights.

Common Defenses Against Debt Collection Lawsuits in Ohio

There are several common defenses for lawsuits from debt collectors, including:

You paid the debt – If you have paid the debt in question, there is no legal basis for a lawsuit against you. Creditors sometimes make mistakes and file lawsuits against people who have already paid their debts. However, you still need to respond to a lawsuit to protect your rights and financial standing.
You do not owe the debt – Creditors and collections agencies sometimes file lawsuits over unpaid debts against the wrong people. If you can show you do not owe the debt in question, the case against you should be dismissed.
You discharged the debt through bankruptcy – If you have previously filed for bankruptcy, the courts may have discharged whatever debts your creditors claim you owe. Proof that the courts discharged your debts should prevent creditors from taking legal action against you.
The creditor does not own the debt – If a creditor or collections agency sues you, you have the right to have them prove they own the debt. This strategy is helpful in lawsuits related to unpaid mortgages, as banks sometimes bundle mortgages to sell them to other companies and no longer own the debt. A creditor may be required to drop the lawsuit if they do not hold the debt.
The statute of limitations has expired – State law gives creditors a limited window to file lawsuits over unpaid debts. If the statute of limitations on your debt has expired, you can have the case against you dismissed. However, not all debts are subject to a statute of limitations. Be sure to speak to an attorney before relying on this defense.
There is no legal basis for the lawsuit – A creditor or debt collection agency must provide a legal rationale for any case against you. The most common reasons for these lawsuits are that you broke your contract with a creditor or failed to pay back your loan. But you can have the case dismissed if there is no legal basis for the suit.

Statute of Limitations on Debt in Ohio

The statute of limitations for lawsuits related to most debts is six years. The time starts either from the day the debt became overdue or you last made a payment. Because the start of the six years varies depending on the circumstances, talk to a lawyer before assuming you no longer have to respond to a debt collection lawsuit.

Keep in mind that while there is a limited window for a creditor to sue you, there are still consequences to not repaying the underlying debt if it is legitimate. If you do not pay your debts, it may impact your credit score or lead to other financial complications.

What to Do After Being Sued for Debt in Akron

The first step in an Ohio debt collection lawsuit is called the “summons and complaint.” The summons and complaint is a legal document sent by the courts outlining who is suing you and what they want from you. The most important thing to do if you are sued over an unpaid debt is to respond to the summons. If you do not respond, your creditor can obtain a default judgment against you, foreclose on your home, place a lien against you, or take other legal action.

Before you respond to the summons, talk to an Ohio debt defense lawyer. They can review your case and help you find the best way forward. Understanding the full scope of your situation is essential before responding to a debt collection lawsuit.

Should I Get a Debt Defense Lawyer If I’m Being Sued for Debt?

The stakes in a debt collection lawsuit are typically high. To protect yourself, your property, and your financial future, talk to an Ohio debt defense attorney as soon as possible. Multiple defenses may apply to your case, and you must know your rights are protected. A debt defense lawyer can help save your home and your livelihood.

Talk to Our Experienced Debt Defense Attorneys in Akron, OH Today

The Akron debt defense lawyers at Amourgis & Associates, Attorneys at Law know how stressful it can be to face a debt lawsuit. That’s why we are committed to helping people in your position and providing them with the compassionate and experienced legal counsel they need. Contact us today to speak with a debt defense attorney in Akron, OH.