Understanding Your Situation
“I received papers saying I’m being sued for a debt I don’t recognize. What should I do first?”
Don’t ignore the lawsuit, even though the debt isn’t yours. This is the most important step. If you don’t respond to the lawsuit within the required time (typically 20-30 days in Kansas), the court may issue a default judgment against you, making you responsible for a debt you don’t owe. Contact our office immediately for a free consultation to discuss your options.
“How can someone sue me for a debt I never incurred?”
This commonly happens due to identity theft, mistaken identity, or debt buyer errors. Debt buyers like Portfolio Recovery Associates purchase old debts for pennies on the dollar and sometimes pursue the wrong person. In cases of identity theft, someone may have used your personal information to open accounts. Our team at Bell Law has extensive experience helping people who have been wrongfully targeted for debts they don’t owe.
“The debt collector keeps calling about a debt that’s not mine. Can I make them stop?”
Yes. Under the Fair Debt Collection Practices Act, you have the right to request that debt collectors stop contacting you. However, this doesn’t make the lawsuit go away. We can help you both stop the harassing calls AND address the underlying lawsuit to protect your rights and financial future.
“I already told the debt collector this isn’t my debt, but they filed a lawsuit anyway. Is this legal?”
Debt collectors are required to conduct reasonable investigations when you dispute a debt. Filing a lawsuit for a debt they know isn’t yours or continuing collection efforts without proper verification can violate federal and state consumer protection laws. These violations may entitle you to damages and attorney’s fees.
Taking Action
“What documents or evidence should I gather to prove the debt isn’t mine?”
Start collecting:
- Any previous correspondence with the debt collector
- Identity theft reports you’ve filed with the FTC or police
- Credit reports showing the disputed accounts
- Records showing you never did business with the original creditor
- Any documentation proving your identity may have been stolen
Don’t worry if you don’t have all of these items. Our experienced attorneys can help you gather the necessary evidence to build your defense.
“I’m worried about the cost of hiring an attorney. How does Bell Law charge for these cases?”
We understand your concern about legal costs, especially when you’re already dealing with the stress of a wrongful lawsuit. For many consumer protection cases, we may be able to recover our fees from the debt collector if they’ve violated the law. During your free consultation, we’ll discuss fee arrangements that work for your situation and explain how consumer protection laws often allow recovery of attorney’s fees from the debt collector.
“Will fighting this affect my credit score?”
The debt is likely already affecting your credit score if it’s been reported to credit bureaus. By legally contesting a debt that isn’t yours, you can potentially remove these negative marks from your credit report. Part of our representation often includes ensuring that inaccurate information is removed from your credit reports.
“How long will this process take?”
Each case is unique, but most debt defense cases are resolved within 3-6 months. Some cases settle quickly once we demonstrate to the debt collector that they’ve sued the wrong person. Others may require more time if the debt collector refuses to dismiss their case despite evidence. We keep you informed throughout the entire process.
Your Rights and Options
“What laws protect me when I’m wrongfully sued for a debt?”
Several powerful laws protect you, including:
- The Fair Debt Collection Practices Act (FDCPA)
- The Fair Credit Reporting Act (FCRA)
- The Kansas Consumer Protection Act (KCPA)
- Common law claims like negligence, abuse of process, and malicious prosecution
These laws not only provide a defense against wrongful debt claims but may also allow you to recover damages if the debt collector has violated your rights.
“What might happen if I just ignore the lawsuit?”
If you ignore the lawsuit, the court will likely enter a default judgment against you, which can lead to:
- Wage garnishment (up to 25% of your disposable income)
- Bank account freezes
- Property liens
- Long-term damage to your credit score
- Difficulty getting loans, housing, or even certain jobs
This is why taking immediate action is crucial, even when you know the debt isn’t yours.
“Can I represent myself in court for this kind of case?”
While you have the right to represent yourself, debt collection defense involves complex laws and legal processes. Debt collectors and their attorneys handle hundreds of these cases and count on consumers not understanding the legal system. At Bell Law, we level the playing field with our expertise in consumer protection law and experience fighting debt collectors.
“What potential outcomes can I expect from my case?”
Depending on your specific situation, potential outcomes include:
- Complete dismissal of the debt collection lawsuit
- Settlement for no payment (debt collector drops the case)
- Removal of the debt from your credit reports
- Recovery of damages for violations of consumer protection laws
- Payment of your attorney’s fees by the debt collector
- Peace of mind knowing the matter is permanently resolved
“I received a settlement offer from the debt collector. Should I accept it?”
Don’t accept any settlement offer without consulting an attorney first. Even if the debt collector offers to dismiss the case, you may be entitled to more, including damages for their violations of consumer protection laws. Settlement offers often come with hidden terms that could waive important rights.
Why Choose Bell Law
“What makes Bell Law different from other law firms for debt defense cases?”
At Bell Law, standing up for the little guy against powerful financial institutions isn’t just what we do—it’s our founding principle. We focus exclusively on consumer protection law and have successfully defended countless clients against wrongful debt collection lawsuits. Our attorneys understand both the legal and emotional challenges you’re facing and are committed to providing personalized representation that addresses your specific situation.
“What should I bring to my initial consultation with Bell Law?”
If possible, bring:
- The lawsuit papers you received
- Any correspondence with the debt collector
- Recent credit reports
- Identity theft reports (if you’ve filed any)
- Any evidence that the debt isn’t yours
Don’t worry if you don’t have all these documents. We can help you obtain what’s needed to build your defense.
“I’m feeling overwhelmed by this situation. How does Bell Law help clients manage the stress?”
We understand that being wrongfully sued is emotionally draining. Our team takes pride in not only providing legal representation but also peace of mind. We handle the legal complexities so you don’t have to, keeping you informed throughout the process without overwhelming you with legal jargon. Many clients tell us the greatest relief comes from knowing they have a dedicated advocate who believes them and will fight for their rights.
Don’t face debt collectors alone. Contact Bell Law today at 816-886-8206 for a free consultation. We’re committed to standing up for your rights and helping you put this stressful situation behind you.
