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Debtor Protection

Santa Ana Debtor Protection Lawyer 

Providing Debtor Protection to Consumers & Small Businesses Across California

Fitzgerald & Campbell, APLC takes seriously its ability to create a WALL between you and unwanted collection activity. Just like how the government can not speak to you if you have a criminal defense lawyer, Federal and State law prohibits creditors and collectors from communicating with you if you have a lawyer. This is one reason we consider ourselves the "Public Defender of the Civil Law."

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What is Debtor Protection?

Debtor protection refers to a set of legal and financial measures designed to safeguard the rights and interests of individuals or entities facing financial difficulties and struggling with debt. The primary goal of debtor protection is to provide a level of relief and support to debtors, helping them manage their financial challenges and, in some cases, preventing abusive or unfair practices by creditors.

Here are some key aspects of debtor protection services:

  • Debt Counseling: Many debtor protection services offer counseling to individuals to help them understand their financial situation better. This may involve reviewing income, expenses, and debts to create a personalized plan for managing and reducing debt.
  • Negotiation and Settlement: Some services specialize in negotiating with creditors on behalf of debtors to reach more favorable terms, such as reduced interest rates, lower monthly payments, or even settlements for less than the total amount owed.
  • Debt Consolidation: Debt consolidation services may assist debtors in combining multiple debts into a single, more manageable payment. This can simplify the repayment process and potentially reduce overall interest costs.
  • Bankruptcy Guidance: For those facing severe financial hardship, debtor protection services may provide guidance on bankruptcy options. This could involve explaining the different types of bankruptcy, eligibility criteria, and the potential consequences.
  • Legal Assistance: Some services offer legal support to debtors, especially in cases where debt-related issues may lead to legal actions, such as foreclosure or wage garnishment. Legal assistance can help protect debtors' rights and ensure fair treatment.
  • Education and Resources: Debtor protection services often provide educational resources to help individuals understand their rights, responsibilities, and available options for managing debt. This may include workshops, seminars, or online resources.
  • Credit Counseling: Many debtor protection services offer credit counseling to help individuals improve their financial literacy and make informed decisions about credit and debt management.
  • Scam Prevention: Given the prevalence of scams targeting individuals in financial distress, debtor protection services may also focus on educating debtors about potential scams and fraudulent practices. They aim to empower individuals to make informed choices and avoid falling victim to scams.

What Debtor Protection Services Do We Offer?

Debtor Protection is a service we offer to consumers and small business who either: 

  • Can’t pay, or
  • Don’t want to pay, or
  • Shouldn’t pay, or 
  • Don’t owe the debt as claimed by the creditor, or
  • Are being harassed by a collector.

For example:

If you are on a limited fixed income that cannot be attached (such as social security or VA benefits) and you have no other assets, the creditor will not be able to force you to pay. In this situation, we recommend you not pay them. Nor do we recommend that you pay us to file bankruptcy, as there is no need to because nothing to protect the law does not already cover that. However, creditors can still contact you for payment, and you may need our protection to stop that.

Real Client Results

Conquering Your Mountain of Debt Since 1992
  • $1,043,087.06 settled for $492,701.56 Individual
  • Client Saved $27,433.00! UGH, I LLC.
  • $535,175.56 was settled for $375,000.00 Madison 65 Co
  • Client’s debt was reduced by $314,811.00! National Continental Insurance Company
  • $263,963.17 JUDGMENT VACATED! Los Angeles County Superior Court

What Happens if The Debt Has Passed The Statute of Limitations in California? 

If the debt has passed the statute of limitations (4 years on a written contract in CA), you still “owe” the amount, but the creditor cannot force payment from you. Again, in this situation, we recommend that you do not resolve it unless, for credit rating purposes, you want to. Keep in mind that a derogatory entry on your credit report lasts for seven years. You will want to be certain about when the statute of limitations has expired, and our debtor protection services will assist you with this and make sure the creditor knows this.

You may not be past the statute of limitations but are close or have just decided to “wait and see,” as many creditors do not sue on every unpaid account. You will want the creditor to know that you know your rights and have legal counsel that will defend you or even sue the creditor for violating your rights. This has value, and many creditors will sell debts (a good thing for consumers) or assign them to a collector when a consumer lawyer is involved.

You may not owe the debt at all (or are not sure), in which case you need a lawyer to make your case to the alleged creditor. Creditors do make mistakes. If you owe something, just not what they say, we recommend Debt Settlement services as CA has strict laws about how debts must be settled. We always contest amounts claimed and investigate amounts as a part of all our services.

Contact Our Debtor Protection Attorney Today 

Our debtor protection services may be good for you in many scenarios. You may have already paid the debt, and your payment was not recognized. The same debt may be in collection with multiple collectors simultaneously. You may be an authorized signer on an account but are not responsible for the debt. The card holder may be decreased, but they are coming after you for the balance.  
We always review and investigate creditor claims and have successfully disputed debts hundreds of thousands of times. We have also sued for wrongful claims. Get the right lawyer working for you and get these creditors off your back!

Contact Fitzgerald & Campbell today to schedule a FREE consultation with our debtor protection lawyer in Santa Ana! 

Hear From Our Happy Clients

At Fitzgerald & Campbell, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "It Was The Right Decision"

    Patricia and Fabiola were both such a great help from the start. It was the right decision to seek legal help when dealing with these debt collectors. The process with Fitzgerald & Campbell was very simple and straightforward, it reduced the stress of my situation greatly for a reasonable price. Highly recommend!

    - C.M.
    "Provided Clarity and Prompt Communication"

    We got involved in a domestication of sister-state judgment (from a vehicle accident in Nevada) that involved a different person with the same name, it was originally served to a different address. Several other attorneys had no clue how to deal with this case, suggesting to get our vehicle insurance involved. Attorney William J. Campbell, Luz Rodriguez and case manager Christina did a great job and provided clarity and prompt communication on how to file a motion to vacate this sister-state judgment. The case is now vacated and dismissed without prejudice. Highly recommended.

    - E.C.
    "Fitzgerald & Campbell is Truly Praiseworthy"

    I was in a difficult and stressful situation. I was sued and served over an old personal loan.
    Fitzgerald & Campbell helped me to settle and lowered the judgment amount in less than a month.
    This firm is outstanding and they care about their clients.
    Thank you, Ms. Patricia Mendez for being so passionate and so helpful about my case.
    Now, am stress free.
    Fitzgerald & Campbell is a truly praiseworthy and highly recommended firm.
    Thank you.

    - E.A.
    "You Are All Amazing"

    Thank you very much, Ma'am for the immediate help.

    You are all amazing!🙏🙏🙏

    - E.A.
    "I Can't Thank Fitzgerald & Campbell Enough"

    I found myself dealing with a judgement and wage garnishment, Fitzgerald & Campbell explained to me what my options were on how to settle and get myself out of this situation. I was supplied and guided on how to fill out proper paperwork and never once had to deal with said creditor myself, Fitzgerald & Campbell did all of the communication between myself and the creditor. I can't thank Fitzgerald & Campbell enough (especially Patricia!) For negotiating a settlement I could pay in full and put this whole ordeal behind me. If you are feeling stranded in a hole with everyone coming at you Fitzgerald & Campbell are there extending a friendly hand to get you out of that hole and back on your feet.

    - S.J.
"I've walked in your shoes! Let me do for you what I learned to do for myself." - Gregory M. Fitzgerald, Managing Partner