Collection Defense

Protecting Consumers and Businesses in Significant Debt Collection Matters

collection defense attorneys

Dealing with creditors and debt collectors can be stressful and intimidating, whether you’re an individual struggling with large credit card balances and medical bills or a business facing cash flow challenges. For an individual balancing debts with living expenses, judgments, wage garnishments, and other collection activity can be the final straw. For a business owner fighting to get the company through a rough patch, aggressive debt collection efforts can harm the company’s reputation and derail operations.

We recognize that not everyone facing a financial crisis is insolvent, and that bankruptcy is not always the right answer. We help those who are facing significant debts due to divorce, family illness, prior business failure, co-signing for a family member, or other temporary difficulties, but are prepared to fight to regain control of their finances and prosper again.

We understand the impact debt collection can have on your life or business, and have extensive experience in defending against large debt collection actions and forcing debt collectors to comply with the law or pay the price.

We Focus on Litigation, Leveraging Consumer Protection and Other Violations

While many collection disputes are ultimately resolved through settlement, our years of experience have revealed that the best way to achieve great outcomes in most collection defense matters is to zealously advance our client’s position through litigation. Time and again, we have seen that marshalling arguments and evidence puts our clients in a better position to achieve a great result, whether that be dismissal of the case or a settlement on favorable terms. Unfortunately, many collection defense or general practice firms skip straight to pressing for settlement, missing opportunities to advocate for the client and achieve a better result.

Moreover, our extensive experience litigating consumer protection violations allows us to identify and assert defenses, counter-claims and other leverage that many general practitioners miss. This experience includes extensive practice in the areas of:

  • Fair Debt Collection Practices Act (FDCPA) violations
  • Truth in Lending Act (TILA) violations
  • Fair Credit Billing Act (FCBA) violations
  • Fair Credit Reporting Act (FCRA) violations
  • Violations of Usury law
  • False Advertising

Consumer Debt Collection Matters

We represent consumers in a wide range of large debt collection matters, including:

  • High credit card balance collection cases
  • Large medical debt
  • Automobile repossessions and deficiency claims
  • Foreclosure and home equity line of credit (HELOC) cases
  • Student loan collections
  • Collection actions against co-signers

Our representation includes negotiating with creditors and fighting the collection action in court, but doesn’t end there. Both state and federal law provide powerful protections for consumers in debt collection actions. Schlanger Law Group LLP assesses every collection case for violations of consumer protection law, and regularly pursues class action and individual consumer protection claims against creditors, debt collectors, and debt buyers who violate these laws.

Consumer Debt Collection Defense Attorneys

If you are facing collection efforts on a large consumer debt, such as high-balance credit cards, large medical debt, or mortgage foreclosure, it is in your best interest to talk to  an attorney experienced in both debt collection defense and consumer financial protection actions. While many attorneys defend debtors in collection actions, the debtor may lose valuable opportunities if the attorney does not have the knowledge, experience, and motivation required to assess the case for consumer financial protection violations and pursue any available claims on the debtor’s behalf.

Schlanger Law Group LLP is committed to putting every available protection to work for consumers in large debt collection matters. If you’re facing one or more large collection actions, contact us to learn more about how we can help.

Business Debt Collection Defense

Businesses facing debt collection actions do not have the same statutory protections as consumers. However, that doesn’t mean the debtor business or guarantor is defenseless. We assist business debtors with a wide range of debt collection defense matters, including:

  • Business loans
  • Debts to vendors and suppliers
  • Personal guarantees of business loans

In business debt collection cases, we focus on:

  • Scrutinizing the contract for provisions that protect you
  • Leveraging legal protections that apply to businesses
  • Hold the creditor to its burden of proof in litigation
  • Examine the case for counter-claims

Many creditors and debt collectors are simply unprepared for significant, skilled “push back,” and do not know how to respond effectively when experienced debt collection defense attorneys challenge the existence of a personal guarantee, leverage a creditor’s failure to obtain relevant licensure or register its business in New York, challenge a debt buyer’s ownership of the debt in question, move to strike “evidence” that is not properly presented, or otherwise set forth a reasoned and evidence-based defense. That often means a significant advantage for the debtor who is represented by an experienced and aggressive collection defense firm like Schlanger Law Group LLP.

Whether you are facing collection action as an individual or a business, Schlanger Law Group can reduce your stress, fight the claims against you, negotiate on your behalf, and identify and pursue any claims you may have against the creditor. Give yourself the advantage of having experienced debt collection defense attorneys on your side. Contact us for a consultation.