San Diego Debt Collection Lawsuit Defense Attorneys
Take Control of Your Financial Future
Debt collection lawsuits are on the rise in San Diego County, as well as throughout the state of California. While some debtors may be able to avoid a lawsuit by working with their lenders and creditors, many find themselves on the receiving end of a collection lawsuit they never saw coming.
These lawsuits can be devastating for those who are already struggling financially, but you do not have to face the situation alone. At Fitzgerald & Campbell, our San Diego collection lawsuit defense lawyers are here to help you fight for a fair and reasonable resolution. We have successfully handled thousands of cases over the years, and we know what it takes to win.
If you have been sued on a debt:
- Do not assume there is nothing you can do
- Do not assume you will lose
- Do not assume you owe what they allege
- Do not assume there is no one who can help
- Do not assume a lawyer will cost too much
For a free, confidential consultation, call (844) 431-3851 or contact us online today.
Real Client Results
Conquering Your Mountain of Debt Since 1992
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$1,043,087.06 settled for $492,701.56 Individual
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Client Saved $27,433.00! UGH, I LLC.
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$535,175.56 was settled for $375,000.00 Madison 65 Co
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Client’s debt was reduced by $314,811.00! National Continental Insurance Company
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$263,963.17 JUDGMENT VACATED! Los Angeles County Superior Court
What is a Debt Collection Lawsuit?
A debt collections lawsuit is a legal action taken by a creditor (or a debt collection agency acting on their behalf) against a borrower who has failed to repay a debt. Here's a breakdown of what it involves:
What Triggers a Debt Collections Lawsuit?
When you fall behind on payments (such as credit cards, loans, or medical bills), the original creditor may try to collect the debt themselves. If those efforts fail, they may:
- Sell the debt to a collection agency, or
- Hire a collections attorney to recover the money.
If payment still hasn’t been made, the creditor or collection agency may file a lawsuit in civil court to seek repayment.
What Happens in a Debt Collections Lawsuit?
- You are served with a complaint and summons: This formally notifies you of the lawsuit and gives you a deadline to respond (usually 20–30 days).
- The complaint outlines the amount owed and the basis of the claim.
- You can respond (file an "answer") either admitting, denying, or explaining the debt.
- The court process may involve hearings or a trial, especially if the debt or its amount is disputed.
Possible Outcomes
- Default judgment: If you don’t respond, the court may automatically rule in favor of the creditor.
- Judgment in favor of the creditor: If they win, they can try to collect by:
- Garnishing wages
- Freezing bank accounts
- Placing a lien on property (depending on state laws)
- Dismissal or settlement: You may negotiate a payment plan or settle the debt before or during the lawsuit.
Defenses You Might Raise
- The debt is not yours.
- The amount is incorrect.
- The statute of limitations has expired.
- The collector doesn’t have legal standing to sue.
Why It Matters
A collections lawsuit can:
- Lead to wage or bank garnishment.
- Impact your credit score.
- Create additional legal and financial stress.
It’s often wise to respond to the lawsuit and seek legal help (especially if you believe the debt is invalid or inflated). Our San Diego debt collection lawsuit defense attorneys are here to protect your rights and best interests to ensure you obtain the most favorable outcome in your case.
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.
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"Great help from the start!"Fitzgerald & Campbell were a great help from the start. Seeking their legal help for dealing with debt collectors was the right decision. The process was simple and straightforward, reducing my stress greatly for a reasonable price. Highly recommend!- C.M.
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"Clarity and prompt communication."We were involved in a tricky sister-state judgment case from a vehicle accident in Nevada. Several attorneys were stumped, but Fitzgerald & Campbell provided clarity and prompt communication to vacate the judgment. The case is now dismissed without prejudice. Highly recommended.- E.C.
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"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. -
"Friendly hand to get you out."Dealing with a judgment and wage garnishment, Fitzgerald & Campbell explained my options to settle and guided me through the paperwork. They handled all communication with the creditor, negotiating a settlement I could afford. They extend a friendly hand to get you back on your feet.- S.J.
