Debt Defense Law

What is a "debt defense lawyer"?

Carlisle Law Firm specializes in "debt defense law." A debt defense lawyer represents and defends individuals and small businesses against debt collection lawsuits and post-judgment enforcement actions. Collection lawsuits commonly seek payment of an alleged debt arising from personal or business loans, credit card agreements, retail credit finance agreements, P2P and B2B online loans, open-ended accounts, mortgages, HELOCs, and other types financial agreements.

What does "debt defense law" cover?

At Carlisle Law Firm, the term "debt defense lawyer" translates to decades of experience in a broad range of legal practice areas that include contracts, consumer bankruptcy, consumer protection, constitutional law, corporations, banking and securities, real estate/property law, tort law, appellate law, and more.

Where does Carlisle Law Firm practice debt defense law?

Carlisle Law Firm handles cases filed in all state, federal, trial, bankruptcy, and appellate courts in the state of Georgia. William R. Carlisle is also admitted to practice in the U.S. Tax Court and the U.S. Supreme Court.

How will Carlisle Law Firm defend me against debt collection?

Over the past thirty (30) years, Carlisle Law Firm has defended thousands of consumers and small businesses against debt collection efforts. Our goal in every case is to provide the client with the most effective and cost-efficient debt relief possible. We help clients find the debt relief option that best best fits their situation by evaluating their overall financial condition, the probability of collection, optimal settlement range, and by comparing the risks and benefits posed by bankruptcy and non-bankruptcy debt relief options.

If I owe the debt, what is my defense to a debt collection lawsuit?

In the overwhelming majority of debt collection lawsuits, there is no dispute that the client received a sum of money or credit under the terms of a written agreement that required repayment based on specific terms, at regular intervals over some period of time. The fact that the debtor stopped paying is also rarely in dispute. However, this is not enough to authorize entry of a money judgment for the specific amount demanded by the debt collector. As the plaintiff, the debt collector has the burden of proof on all essential elements of its claim. Defending debt collection lawsuits often involves pointing out areas where the debt collector has failed to produce sufficient evidence. When debt collectors or their attorneys use false, misleading, or deceptive language concerning their knowledge of facts or the existence of missing pieces of key evidence, we can hold them accountable by filing claims for violations of consumer protection laws, such as the Fair Debt Collection Practices Act (FDCPA), at 15 USC 1692, et seq.

What are the chances of a debt settlement?

Most debt collection lawsuits handled by Carlisle Law Firm are settled before trial. Debt settlements can take many forms, and may or may not involve monetary payment. Our expectations with regard to settlement depend on numerous factors. Consumer debts are evaluated differently than commercial debts. Lawsuits by original creditors are evaluated differently than lawsuits filed by debt purchasing companies or "assignees." Other factors include collectability, the existence of FDCPA claims against the debt collector, the client's total debt load, discretionary income, age, employment status, and more.