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CREDIT CARD DEFENSE CENTER OF NEW YORK 

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These days, creditors will sue in court for minimal sums of money that only several years ago would be very quickly written off as obviously not worthy of pursuing in the courts. This is no longer the case.


In fact, In New York State, in the upstate county of Erie, a consumer credit lawsuit was filed in January 2018 against a local town resident to collect the sum of $.08. This is why it is highly recommended that you contact experienced credit card defense attorneys immediately if and when you are served with a summons to collect a debt in New York City, NY. 


 DID YOU KNOW THAT...


If the the debt collectors already got your money, you can very likely get it back with our help. Want to get your money back? Being sued for debt by debt collectors ? Then, you need our help now. Debt collectors are looking to seize your bank account, salary and any other assets and we can stop them. If you are in this situation, and the debt collection attorneys are contacting you, call us right now and we will give you debtors' defense, beginning with explaining your rights and options before things get worse.


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What Happens When You Default on Your Credit Card or Loan Payments?


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Getting the Best Debt Settlement


As a general rule, the longer you wait, or more specifically, the longer and harder you fight back with the help of attorneys associated with the Credit Card Defense Center, the more favorable settlement offers you are likely to receive.

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The Drawbacks of Waiting


However, there can be a significant drawback to waiting, which is damage to your credit.


As time goes by, there will likely be multiple negative markings on your credit report due to the extended default of the loan.

What Happens When You Default on Your Credit Card or Loan Payments in New York State ?


Defaulting on your credit card, loan, or other financial obligations can lead to serious legal and financial consequences. Many consumers aren’t aware of the full range of actions that banks and creditors can take when payments are missed.

Here’s what you need to know about what can happen in New York State if you default on your debt—and how a debt defense attorney like my office can help you through debt collection defense, negotiate with debt collectors, and fight a debt lawsuit.


1. Creditors Will Start Collection Actions


As soon as you miss a payment, the creditor may start contacting you, demanding immediate repayment. This can involve letters, emails, and phone calls. After several missed payments, the creditor may escalate matters by turning your debt over to a third-party debt collection agency. These agencies are regulated under New York’s Debt Collection Procedures Act (NY GBL § 600 et seq.), which outlines protections for consumers, such as limiting harassment and ensuring the debt is properly verified when requested.

As a debt collection defense attorney, I can intervene on your behalf, communicate with debt collectors, and help you exercise your rights under the law.


2. You Could Face a Debt Collection Lawsuit


One of the most serious consequences of defaulting on your debt is a lawsuit. Creditors or debt collectors may file a debt collection lawsuit against you in court. If you do not respond to the lawsuit, the creditor could obtain a default judgment, which allows them to garnish your wages, freeze your bank accounts, or even put a lien on your property. Under New York Civil Practice Law and Rules (CPLR) § 5201, creditors can garnish up to 10% of your wages or seize funds from your bank account to satisfy the debt. However, this can be avoided by fighting the debt lawsuit. My office can help defend you in court and prevent creditors from obtaining a judgment, potentially negotiating a settlement on more favorable terms.


3. Statute of Limitations Defense


It’s important to know that New York State has a three-year statute of limitations on most consumer debt claims, such as credit card debt (CPLR § 214(2)). This means that if a creditor waits more than three years after your last payment or acknowledgment of the debt, they may be barred from suing you. Knowing this critical legal timeframe could be a powerful defense in a debt lawsuit.

As your attorney, I will review your case thoroughly to see if the statute of limitations applies, giving us grounds to fight the debt lawsuit.


4. Wage Garnished /Bank Account Seizure


If a creditor wins a judgment against you, they may seek wage garnishment or freeze your bank accounts. New York CPLR § 5231 allows creditors to garnish up to 10% of your gross wages, while CPLR § 5222 provides creditors the authority to seize funds from your bank accounts to cover the debt.

However, with the help of a debt collection defense attorney, it is possible to challenge wage garnishment, prevent the freezing of your assets, and protect your income through legal means.


5. How a Debt Defense Attorney Can Help You


If you are facing aggressive debt collection actions, wage garnishment, or a lawsuit, don’t panic. My office specializes in debt collection defense and can help you in the following ways:

  • Fight a debt lawsuit: We will provide a strong legal defense, identify any flaws in the creditor’s case, and argue for a dismissal or reduction of the debt.
  • Negotiate with debt collectors: If settling the debt is in your best interest, we can negotiate directly with creditors to achieve a favorable payment plan or settlement, often for less than the full amount.
  • Protect your rights: Creditors and collection agencies must follow specific rules when collecting debts. If they violate these rules, we can use that in your defense or even counter-sue.


                Don’t Wait—Take Action Today


If you’re struggling with debt or have been sued by a creditor, contact my office today for a consultation. We’ll review your case and explore the best legal options to protect your financial future. Whether it’s debt collection defense, fighting a debt lawsuit, or negotiating with debt collectors, my office is here to help.

Hire Experienced Credit Card Defense Attorneys Today!

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