918 Beard Avenue, Winter Park, Florida 32789
FREE CONSULTATION 855-740-3328 FREE CONSULTATION 855-740-3328

CONSUMER DEBT DEFENSE TRIAL LAWYER

Orlando Lawyer providing professional Consumer Debt Defense, Card Credit Debt Defense and Debt Collection Harassment Attorney Services in Orlando, Winter Park, Maitland, Longwood, and throughout the Central Florida Area.

Michael Tierney, P.A.

Consumer Protection
Consumer Debt Defense
Debt Collection Harassment
Abusive Collection Acts

Toll Free: (855) 740-DEBT (3328)

Local: (407) 740 0074 

Michael Tierney, Esquire has personally tried many Card Credit Debt Defense cases, throughout Central Florida, to a verdict. We also aggressively file appeals for our clients in the area of debt defense in both the circuit appellate and district court of appeals. The debt defense cases are very specialized and hinge on knowing the rules of civil procedure and Florida evidence code inside and out! Any attorney can call the creditor to arrange a settlement, but few successfully try a debt defense case seeking to win on the merits. Call us to speak about our track record at trial.

Frequently Asked Debt Defense Questions
What if I have no money to hire an attorney to represent me in the debt collection law suit?

Answer: In most cases, we take your case on a contingency basis. This means you pay us NO FEES/COSTS to take your case. If you win, we seek to get your fees paid by the debt collector. Therefore, it costs you NOTHING to hire us if we take your debt law suit.

What type of debts can you help me with?

Answer: consumers with credit card debt law suits from debt collectors, bill collectors, credit card companies, and their lawyers. We may be able to help in the following situations:

  • you have a court summons for a credit card debt law suit
  • your wages are garnished from judgment
  • a default judgment has been entered
  • you missed a court date regarding your credit card lawsuit
  • bill collectors are calling about a credit card debt
  • you have questions on an outstanding credit card debt you have stopped paying

 

Should I respond to the lawsuit and tell them why I can’t or did not pay the bill?

Answer: No; it doesn’t matter. The inability to pay a debt is no legal defense! If you admit that you owe the debt to them, then your case is effectively over. Contact Michael Tierney, PA BEFORE you do anything, or you could ruin your case. The consultation is FREE, and in most cases when we take a debt defense case, there are NO LEGAL FEES/COSTS you pay to us. Often debt collectors don’t have enough evidence to prove their case or don’t know how to try their case correctly. At Michael Tierney, PA, we frequently try these cases to verdict! Ask us about our win rate. The call and conference is free.

If I am sued by a debt creditor should I just call the law firm and work out a payment plan?

Answer: No. Call Michael Tierney, PA first for a FREE consultation. Often the collection law firms want you to sign a document consenting to a judgment against you or sign a one sided stipulation for payments which favors them and not you, by waiving your future rights! Debt collectors must prove they have a right to collect the debt and often can’t prove their case. Don’t sign; call us first for a free consultation at (855) 740-DEBT (3328).

I’m being sued by a company I have never heard of nor borrowed money from. Can they do this to me?

Answer: Unfortunately, yes. However, whether they can prove their case is another issue. Often the debt buyer does not have the necessary evidence, nor experience to correctly prove or try their case. At Michael Tierney, PA, we are experienced consumer debt defense TRIAL law firm which regularly defends these cases to verdict! Call us first for a free consultation at (855) 740-DEBT (3328).

How do debt buyers or creditors get judgments against consumers if they can’t prove their case?

Answer: Because most consumers either do nothing or agree to the debt. Most of the creditors win their lawsuits because the consumer does nothing and the creditor gets a default and wins automatically. Or the consumer writes to the court admitting to the debt and says “I can’t pay it.” This is the worst thing you can do before getting a free consultation from Michael Tierney, PA. In most cases when we take a debt defense case, there are NO LEGAL FEES/COSTS you pay to us.

If we lose, do I have to pay you or the other side legal fees or costs?

Answer: No. You don’t pay Michael Tierney, PA, legal fees/costs if we took your case on contingency. You only pay the creditor’s attorney fees if they asked for fees in their law suit. Otherwise, they waived their right to fees and costs. And, if your underlying consumer agreement had a provision for attorney fees and costs for the creditor, then you can seek attorney fees and costs under the same provision if you win your case. Call us first for a free consultation at (855) 740-DEBT (3328).

What is a default judgment?

Answer: It is the penalty for not going to your court appointment or not filing a response to your law suit. Show up but not alone. Show up with Michael Tierney, PA. Call us first for a free consultation at (855) 740-DEBT (3328). In most debt defense case, you pay us NO LEGAL FEES/COSTS.

What is a judgment?

Answer: A judgment is a legal document from the court which determined who won the case. If the creditor gets a judgment it is usually for a sum of money in the law suit. The judgment also gives the creditor the ability to begin to garnish wages and bank accounts, and to attach the consumer’s assets. Call Michael Tierney, PA for a free consultation on how to avoid getting a judgment against you or handling one already entered against you. Call us first for a free phone consultation at (855) 740-DEBT (3328). This means you pay us NO FEES/COSTS up front to take your case. If you win, we seek to get your fees paid by the debt collector. Therefore, it costs you NOTHING up front to hire us if we take your debt law suit.

If my wages are garnished, how much do they take?

Answer: 25% of your net income or the amount over 30 hours of minimum wage, whichever is less. But, if your weekly net pay (“take home” pay) is $750.00 per week or less, you likely qualify for an exemption from garnishment. But the exemption requires a hearing with a judge and an order issuing the exemption. You may qualify for one of the legal exemptions (head of household, social security, disability, tenancy by the entireties), then the court will order the garnished money returned to you or cease any more money from being taken. Call us first for a free consultation at (855) 740-DEBT (3328). This means you pay us NO FEES/COSTS up front to take your case. If you win, we seek to get your fees paid by the debt collector. Therefore, it costs you NOTHING up front to hire us if we take your debt law suit.

How do creditors know which bank I use in order to garnish my accounts?

Answer: If you sent the debt collector a payment with a check from your bank, they likely know your bank. If they received a judgment, they can also have the court order you to disclose ALL your financial information to them so that they can proceed to garnish your wages and cash. Call us first for a free consultation at (855) 740-DEBT (3328). This means you pay us NO FEES/COSTS up front to take your case. If you win, we seek to get your fees paid by the debt collector.

How long are judgments enforceable in Florida?

Answer: 20 years. But these judgments are also dischargeable in bankruptcy. Call us first for a free consultation at (855) 740-DEBT (3328). If you win, we seek to get your fees paid by the debt collector. Therefore, it costs you NOTHING up front to hire us if we take your debt law suit.

What is the debt statute of limitations?

Answer: Typically five years from the charge off date. If the debt is beyond the 5 years, and you voluntarily make another payment, you have now just re-started the 5 years statute of limitations. Call Michael Tierney, PA for a free phone consultation at (855) 740-DEBT (3328), before you make any payment. Therefore, it costs you NOTHING up front to hire us if we take your debt law suit.

Consumer Debt Defense

Almost all Consumer debt defense cases are taken on a contingent basis. This means that we do not charge fees and costs unless successful and that we seek payment of your attorney’s fees and costs from the debt collector.

Original creditors and debt collectors frequently violate Federal and State collections laws. They know that the typical consumer doesn’t understand the laws which are in place to protect them from illegal debt collection practices. Michael Tierney, P.A. knows these laws and uses them to protect consumers in debt defense law suits. Original creditors and debt collectors often ignore consumer debt collection laws and are aggressive when they collect debts, and end up violating federal and state collection laws. Call now for a free phone consultation.(855) 740-DEBT (3328).

FTC Debt Collection FAQ’s

Debtor’s Rights: Exemption from Judgment

If you need professional legal advice and representation regarding Consumer Debt Defense and Debt Collection Harassment issues in Orlando, Winter Park, Maitland, Longwood, or throughout the Central Florida Area, contact the law office of Michael Tierney, P.A. at Toll Free 855-740-3328 to schedule a confidential legal consultation with an experienced Orlando and Central Florida Lawyer.

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