Many people find themselves facing financial hardships from lawsuits and judgments awarded to collection agency plaintiffs simply because they felt that the cost of attorney representation would be prohibitive. As is the case in many aspects of life, this assumption is based on everything but facts. Although the vast majority of attorneys offer prospective clients free consultations, relatively few take advantage of this opportunity.
Thanks to images put forth on TV and in the movies, the image of the money hungry lawyer is burned into the mind of the consumer. Attorneys will not speak with anyone unless the billable clock is ticking according to those who have never worked with anyone in the profession.
Certainly, there are matters of such enormous consequence which require hours of research and preparation. Cases may go on for months or longer, involving issues that could be life changing. Criminal cases, class action suits, accidents and injuries that call for expert witnesses, discovery, depositions, litigation, can bring costs to the hundreds of thousands of dollars.
The lawyer, like any business person, has a fee in accordance with services provided. With the image of the high powered, expensive attorney in every consumer's mind, is it any wonder that a person faced with a summons for a few thousand dollars in past due credit card debt would ignore the possibility of retaining an attorney and face the consequences on their own.
The fact of the matter is that an attorney who practices consumer law handles these kinds of cases every day. Surely they are aware that the consumer faced with this type of problem does not have deep pockets, but every consumer is entitled to appropriate legal representation. There are laws in place designed to protect the consumer from certain actions and practices by creditor and collectors. One reason that collection agencies are so quick to take consumers to court is because they know the odds are in their favor in as much as the consumer will most likely be unrepresented. In fact, statistics show that almost seventy percent of consumers served with this type of summons, simply don't show up. This allows the plaintiff to be awarded a default judgment. This could end up as having the consumer's wages garnished, bank accounts attached, or property seized.
As a consumer, you have rights that must be protected and exercised. Knowing what your rights are may not be enough, and in fact, usually isn't. You must need to know how to apply the laws in your particular case. To do so, you need the help of an experienced attorney.
Another mistake that consumers make is the belief that if they appear in court, the judge hearing the case will provide help and advice because they are without legal representation. The fact is that the judge will not and cannot provide the defendant with help or advice. The role of the court is to hear the facts of a case and make a ruling. If you are unable to present your case properly, the court will not take the fact that you are not an attorney into consideration. The court must rule on the facts and merit of the case.
If you find yourself faced with credit card debt problems, if you have been harassed by collection agencies, or have been threatened with law suits, you must contact an attorney right away. Take advantage of the free consultations that are offered. Take the time to find out what your options are. You're going to find out that most attorneys will be able to work with you financially, some may offer payment arrangements. Until you meet with an attorney you won't know what your options are and how you can be protected. Don't guess about your credit and your financial future. Speak with an attorney now if you need help.
David Miller is a freelance writer and marketing consultant. He has written extensively about bankruptcy, debt settlement, debt consolidation, credit and credit cards, collection agency abuse, consumer law, credit card defense, FDCPA guidelines and complaints, loan modification scams, and foreclosure.
He contributes regularly to financial and real estate blogs.
He currently edits several websites and is a contributing author to many of them including Best Long Island Law Firms
His articles about foreclosure, debt discharge, studen loan debt and many other topics in the area of bankruptcy, credit and can be found at http://lawfirmslongisland.com/ along with links to other resources which he has been a contributing author.
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