Miami Debt Defense Attorney

Facing debt collection in court can feel confusing and stressful, especially when the numbers do not add up. You have the right to defend yourself against false, inflated, or improperly filed claims. Call your Florida debt defense attorney from Sharmin & Sharmin P.A. today to learn how these defenses work and what options may be available to you.

How Can a Miami Debt Defense Lawyer Help?

Many lawsuits filed by debt buyers are built on shaky ground. Sometimes the claims are too old to enforce, and other times they lack the basic documents needed to prove anything. Even if the debt is technically valid, you may still have defenses that can stop or reduce what you owe.

Florida law sets a clear time limit on how long a creditor can wait before suing you. In most debt cases, the statute of limitations is five years, as outlined in Florida Statutes § 95.11. 

If too much time has passed since your last payment or account activity, the court may dismiss the lawsuit entirely. Your Miami debt defense attorney with Sharmin & Sharmin P.A. can help you figure out how to challenge these debts and protect your rights if the statute of limitations has expired.

What Are the Risks of a Debt Collection Lawsuit?

If you have been sued by a creditor and do not respond, the court can enter a judgment against you in just a few weeks. Many people are surprised by how quickly things move when no defense is filed. Once that happens, it becomes much harder to protect your income, assets, or credit. Here are some of the most common risks tied to debt collection lawsuits:

• Your wages may be garnished under Florida Statutes § 77.0305.
• A bank levy can freeze your checking or savings accounts without warning.
• Your credit score may drop sharply after a judgment is reported.
• The creditor can place a lien on your home or other real estate.
• The court may enter a default judgment if you miss your response deadline.
• Interest on the judgment will continue to grow under Florida Statutes § 95.11.
• Repeated calls or letters that ignore the Fair Debt Collection Practices Act could also involve TCPA violations under 15 U.S. Code § 1692c.
  

Many of these consequences happen automatically once the court rules in favor of the creditor. In most cases, the judge will not hear your side unless you file a formal response. 

When Should You Hire a Debt Collection Defense Attorney?

If you are being sued over a debt that seems off or the paperwork does not add up, it is time to take a closer look. Representation can be especially important when the balance is disputed, the account was paid off, or the file is full of errors. 

You Are Being Sued Over a Debt You Do Not Recognize

Sometimes people receive lawsuits for accounts they never opened. If you are looking at a creditor’s name or account number that feels completely unfamiliar, it could be a sign of identity theft. In these cases, the lawsuit may be based on false information, and challenging it early can stop the case from going any further.

You Are Named in a Case Involving a Closed or Paid Account

It is not unusual for collectors to sue over debts that were already settled, discharged in bankruptcy, or written off years ago. In some cases, names get mixed up, or a prior resolution never made it into the collector’s system. When that happens, the lawsuit may involve false impersonation or outdated account history that needs to be corrected.

Speak With Your Debt Defense Lawyer in Miami About Your Legal Options

You have every right to question debt collection claims, no matter how official they seem. Your debt defense attorney in Miami with Sharmin & Sharmin P.A. will help you protect your credit, your income, and your future financial stability. To find out how your debt defense lawyer in Miami can help, contact us today.