Debt Litigation If you are being sued by a creditor for unpaid debts, a debt litigation attorney can help. We are knowledgeable, experienced and resolute in defending our clients from creditor actions. What if I have been sued by a creditor? If you have gotten behind on your credit card payments, a creditor may decide to file a lawsuit against you. Just like other civil litigation, you will have 20 days to respond to the lawsuit. If you do not respond, a default judgment for the full amount due plus interest, penalties and court fees could be entered against you. Can I settle a debt litigation case? Yes, settling the debt litigation is a good option if you do not have any viable defenses or counterclaims to the case. Settlement may be in the form a lump sum payment or in monthly payments over time. Generally speaking, the higher the debt, the deeper the discount may be. We strive to obtain settlements from 50% to 80% off the principal amount due. What if I don’t have any funds to settle the case? If you are not ready to settle your case, we will defend the litigation by raising technical errors in the plaintiff’s case, filing defenses and discovery and, if applicable, making a counterclaim. These defense tactics may result in the dismissal of the case, or at the least, extending the litigation until a settlement or other action is possible. What if a judgment is already entered against me? Even after a judgment is entered against you, settlement is possible and recommended. Once an unsecured debt becomes a secured judgment, the creditor may ask the court to garnish bank accounts, wages and other property. Reaching a settlement agreement will stop collection actions against you. Can I stop my bank account or wages from garnishment by a creditor? Florida statutes protect the head of household from wage garnishment. If you are the head of household on your tax return, you have the right to contest garnishment of wages. If you can prove that the funds in your bank account are wages, you also may be able to protect your bank account from garnishment. Can creditors garnish other personal property like cars and jewelry? Yes, creditors can garnish personal property. However, in most of our cases, we do not see garnishment of personal property.