How One Expecting Mother Fought Debt Collectors and Won With Legal Guidance

Dealing with a debt collector can be a frightening experience, especially when you know that the debt they’re trying to collect is not legitimate.

For Alicia it was no different, except that the debt collector sued her six months ago and tried to win a judgment that could have resulted in the debt collector garnishing her wages. Consulting with a bankruptcy attorney, Alicia was frustrated when the attorney didn’t even look at her case, instead advising her to settle the debt – with interest and other charges – and pay a fee. Alicia, who at the time was unemployed and pregnant, didn’t have the money for that and instead turned to Avvo.com in hopes of finding someone who could give her better advice. Finding Chad Van Horn on Avvo.com, and encouraged by his positive reviews, Alicia made an appointment for a free consultation and gave it another shot.

While Mr. Van Horn agreed that Alicia had a case, she was unable to afford his fee. Mr. Van Horn instead advised her as to the weaknesses he saw in the case against her, and advised her on how to exploit them and win her case. Alicia, with no legal background of her own, felt that Mr. Van Horn’s confidence in her case and his advice would enable her to defend herself. Going before the court as a pro se defendant (a term that means “for oneself” and means that you are acting as your own attorney) is never easy, courts of law and the complexities of navigating the civil judicial system can be intimidating to the layperson. So when the final hearing day came around, Alicia showed up in court.

With Mr. Van Horn’s advice, Alicia was able to ask the right questions in order to call the debt collector’s case against her into doubt. The judge hearing the case awarded Alicia an involuntary dismissal with prejudice – which is one of the most severe forms of sanctions that a judge can levy against a case. Essentially, the judge dismissed the case instead of the two parties agreeing to dismiss it between themselves, and by dismissing the case against Alicia with prejudice, the case cannot be brought again, though it may be appealed.

Alicia, despite having no background in the law and being two weeks from her due date, won her case resoundingly. The opposition asked if she had a legal background, as did the judge, and Alicia has crafted her experience into a glowing testimonial for Mr. Van Horn, and offers some key points for those who might be facing a similar situation with debt collectors. She wants her story to inspire others who might just give in and pay the fine and the debt, even when it’s not legitimate.

1. Don’t go it alone. Having the support of an expert adds value and perspective to your efforts, and a free consultation with the right attorney can make you feel less alone and more confident, as if you have a trusted partner.
2. Everyone makes mistakes, especially when lacking in experience. Alicia notes that while trying to handle her case, she actually had to ask for a hearing to be rescheduled because she sat in the wrong courtroom.
3. Keep records of everything. Alicia kept her paperwork organized, and that made it possible for Mr. Van Horn to give her the soundest advice based on her documentation. After winning her case she said, “I owe my success to Chad Van Horn’s advice and giving him the tools that he needed was the first step.”
4. Ask questions. What paperwork does the collection agency have on your debt? What does the fine print mean to you? How will the process of your case go? An attorney can help you get prepared and make you feel more at ease.
5. Have a positive attitude and know that you deserve good advice. The first attorney Alicia visited didn’t even read her documents before advising her to settle up and pay a fee. Alicia visited the Van Horn Law Group where Mr. Van Horn took the time to learn about her case during her free consultation, and even offer her tips that gave her the courage to take it on by herself.
6. Take control of your destiny. Everyone’s made mistakes, Alicia says, but it’s how you overcome them that makes a difference. Just imagine going through the legal process of this case in your third trimester! Now that she’s won the case, Alicia feels that she has a better future ahead of her, and wants to inspire others to take control, too.

Remember, the law is there to protect you, too. Debt collection is no different, and debt collectors are not allowed to harass you. The Fair Debt Collection Practices Act is one of the ways that the law is on your side. If you feel that you are a victim of unfair or illegal practices, consult with an attorney who can advise how to proceed with your case. Don’t let yourself be pushed or tricked into paying a debt that you don’t owe, the law has your back and you are protected. Consulting with a qualified attorney about your case in order to figure out a plan of action can give you the same kind of confidence and support that Alicia had from Chad Van Horn– the courage to get out there and win.

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Don’t go at it alone. If you experience financial hardship or difficulties, talk to our Ft. Lauderdale attorneys.