Debt Collection Defense
Being served with a debt collection lawsuit starts a deadline you cannot ignore. Debt collection defense means responding on time, holding the collector to its burden of proof, and avoiding the default judgment that leads to wage garnishment and bank levies.
Respond Before the Deadline
Avoid Default Judgment
Stop Garnishment
Free Case Evaluation
HOW DEBT COLLECTION DEFENSE WORKS
Most consumer debt lawsuits are filed by debt buyers that purchased the account for a fraction of its balance. They must still prove they own the debt and that the amount claimed is correct.
You have a limited window after service to file a response. Missing it produces a default judgment, which is what unlocks wage garnishment, bank levies and liens — and undoing one is far harder than answering on time.
The FDCPA and California's Rosenthal Act restrict how collectors may contact you. Harassment, misrepresenting the amount owed, and contacting you after written notice to stop can all give rise to claims.
Where the underlying debt is not realistically payable, bankruptcy ends the lawsuit outright. The automatic stay halts the case and a discharge eliminates the debt behind it.
Responding to a Summons
Filing a timely written response keeps the case alive, forces the collector to prove its claim and preserves your defences.
Default Judgments
A default judgment lets a collector garnish wages, levy accounts and record liens. Some defaults can be set aside where service was defective.
Your Rights Under the FDCPA
Federal and California law limit collector conduct. Violations can be raised as a defence and, in some cases, as a claim of your own.
When Bankruptcy Is the Answer
If the debt is valid and unaffordable, Chapter 7 or Chapter 13 stops the lawsuit and resolves the balance permanently.
THE COLLECTION DEFENSE PROCESS
1
URGENT CASE REVIEW
Confirm the response deadline, who is suing, what they claim and whether the debt and amount are properly documented.
2
STRATEGY
Decide between defending the lawsuit, negotiating a resolution, or filing bankruptcy to end the case and the underlying debt.
3
RESPONSE OR FILING
File the court response within the deadline, or file the bankruptcy case so the automatic stay stops the proceedings.
4
RESOLUTION
Close the matter through dismissal, negotiated settlement or discharge — and lift any garnishment already in place.
WHY CLIENTS CHOOSE OUR FIRM
- Free initial consultation
- Fast action on court deadlines and active garnishments
- Experience with debt buyer lawsuits in Alameda County courts
- Honest advice on defending versus filing
- One point of contact throughout the matter
DEBT COLLECTION DEFENSE FAQ
Meet Your Debt Relief Attorney
Melanie Travare
Principal Attorney & Founder
Melanie Tavare defends East Bay consumers against debt collection lawsuits and garnishments, and files bankruptcy where that is the cleaner outcome. She works to deadlines quickly and explains the trade-offs plainly.
LEGAL AND FINANCIAL RESOURCES
Consumer Financial Protection Bureau (CFPB) — Debt Collection
https://www.consumerfinance.gov/consumer-tools/debt-collection/
Federal Trade Commission — Debt Collection FAQs
https://consumer.ftc.gov/articles/debt-collection-faqs
California Courts — Small Claims and Civil
https://selfhelp.courts.ca.gov/
U.S. Bankruptcy Court
https://www.uscourts.gov/services-forms/bankruptcy