Debt Litigation

A summons does not just invite you to court; it places you under a strict regulatory timeline where a single missed deadline results in a default judgment. This "silent victory" for the creditor allows them to bypass the trial phase and move immediately to enforcement, including wage garnishments and bank levies. We move with tactical speed to file a litigation resistant Answer, stopping the clock and asserting your affirmative defenses before the court can grant the plaintiff an unearned advantage.

Over seventy percent of debt cases end in a default because defendants fail to respond with the necessary technical precision. A default judgment is a permanent record of liability that is nearly impossible to vacate once the execution of the judgment begins. By failing to participate in the Debt Litigation early, you waive your right to challenge the accuracy of the debt or the standing of the collector. Our firm ensures that your due process rights are protected through aggressive procedural maneuvers that force the creditor to prove every element of their claim.

In high value commercial cases, a plaintiff may petition the court for an emergency attachment of your business inventory or accounts receivable. This move is intended to cripple your operational stability and force a quick settlement on the creditor’s terms. We act as a formidable barrier against these aggressive motions, arguing that the attachment is a premature seizure of assets that violates your constitutional protections. SJKP LLP provides the sophisticated defense needed to keep your business running while the underlying debt is litigated.

The Best Evidence rule mandates that a plaintiff provide the original or a certified copy of the document that created the liability. Most third party collectors possess only a data file and cannot produce the actual signed contract. In Debt Litigation, a spreadsheet is not a substitute for a legal instrument. We utilize this evidentiary standard to block the admission of unreliable data, forcing the court to recognize that the plaintiff lacks the foundational proof required to secure a judgment.

Standing is a jurisdictional requirement that the plaintiff must satisfy at the very beginning of the litigation. If the entity suing you cannot prove they actually purchased your specific account with all accompanying rights, they have no standing to bring the action. This is a common failure in mass litigation where debt buyers rely on bulk "bills of sale" that do not list individual account details. Our firm specializes in exposing these administrative voids, ensuring that no legal stranger is allowed to seize your wealth.

If the bank or lender that originally issued the credit has merged or gone bankrupt, the current plaintiff must prove a flawless transition of rights through multiple corporate entities. This creates significant opportunities for procedural error. We perform a deep forensic audit of the corporate history of the debt, looking for moments of insolvency or merger that broke the legal chain. At SJKP LLP, we utilize these legacy identity issues to render the debt legally untouchable.

The clock on the statute of limitations usually begins on the date of the last voluntary payment or the date of the first default. However, creditors often try to "restart" this clock by tricking the debtor into making a small payment or acknowledging the debt in writing. In Debt Litigation, these actions are known as "re-aging" the debt. We provide the forensic record keeping needed to prove when the clock actually started, ensuring that the creditor cannot utilize deceptive tactics to revive a legally dead claim.

Filing a lawsuit on a debt that the collector knows is past the statute of limitations is a violation of the Fair Debt Collection Practices Act (FDCPA). This transforms your defense into an offensive counter-litigation strategy where you can sue the collector for statutory damages and attorney fees. We treat these "zombie debt" filings as aggressive regulatory triggers, moving to dismiss the case with prejudice and holding the collector accountable for their administrative overreach.

If you lived in one state when the debt was incurred but were sued in another, the court must decide which statute of limitations applies. This is a complex jurisdictional conflict that can determine the outcome of the entire case. Some states have "borrowing statutes" that mandate the use of the shorter limitation period. SJKP LLP provides the authoritative jurisdictional analysis needed to leverage these conflicting laws to your advantage, ensuring that you receive the maximum protection available under the law.

Many consumer protection laws operate on a strict liability basis, meaning we do not need to prove that the creditor intended to break the law—only that they did. A single illegal phone call or an incorrect balance statement is enough to trigger a violation. We assist our clients in documenting every interaction with the collector with forensic precision, providing the evidentiary logs needed to win these counter-suits and turn the tide of the Debt Litigation.

If a creditor sues for ten thousand dollars but can only prove nine thousand, they have made a false representation of the character and amount of the debt. This is a core violation that can lead to the dismissal of the entire case. Collectors frequently "pad" the balance with unearned interest and attorney fees before they have even won the judgment. SJKP LLP performs a clinical audit of the plaintiff’s math, exposing these inflations and utilizing them to destroy the credibility of their entire claim.

The doctrine of Unclean Hands prevents a plaintiff from benefiting from their own wrongdoing. If a creditor has engaged in predatory lending, fraud or extreme harassment, we argue that they are legally barred from seeking relief in a court of equity. This is a powerful defensive lever that focuses the court’s attention on the plaintiff’s misconduct rather than the debtor’s default. At SJKP LLP, we believe that the state should not reward predators who bypass the rule of law to secure an involuntary transfer of wealth.

We utilize Requests for Admission to force the creditor to admit that they lack the original contract or that they do not have a witness with personal knowledge of the account. If the creditor fails to respond or provides evasive answers, the court deems the lack of evidence as an admitted fact. This is a tactical maneuver that can end a Debt Litigation case before it ever reaches a trial. Our firm manages these filings with absolute rigidity, ensuring that the creditor is held to the highest standard of proof.

To win at trial, a plaintiff must produce a witness who can authenticate the business records and testify to the accuracy of the debt. A third party debt buyer cannot testify to how the original creditor kept their records. They are trying to offer "hearsay" as evidence. We object to these witnesses, arguing that they lack the foundational knowledge required by the rules of evidence. SJKP LLP ensures that no unverified testimony is allowed to stand as proof of your liability.

Many creditors utilize automated systems to generate thousands of affidavits that are signed by employees who have never reviewed the actual files. This "robo-signing" is a fraud on the court. We depose these affiants, exposing their lack of knowledge and the systemic negligence of the creditor’s litigation department. Once the court realizes that the evidence is a functional fabrication, the Debt Litigation collapses. We stand as a formidable barrier against this administrative overreach, protecting you from the consequences of manufactured evidence.

Federal and state laws provide "exemptions" that protect a certain amount of your property and income from being taken by a judgment creditor. This includes a portion of your home equity, retirement accounts and basic household goods. However, these protections are not automatic; you must file a "Claim of Exemption" within a strict timeframe after a seizure occurs. SJKP LLP provides the authoritative oversight needed to identify and protect your exempt wealth, ensuring that the Debt Litigation does not leave you in a state of total destitution.

Once a creditor has a judgment, they can force you to attend a hearing where you must answer questions about your bank accounts, income and property. If you fail to attend or if you lie about your assets, you face immediate arrest for contempt of court. This is a functional interrogation of your net worth designed to find assets for seizure. We provide the strategic guidance needed to navigate these exams, ensuring that you comply with the law while providing no more information than is absolutely required.

Even after a judgment is entered, it is often possible to settle the debt for a fraction of the total amount. Creditors understand that collecting on a judgment is an expensive and difficult process, and they may be willing to take a cash payment today rather than waiting years for a garnishment to finish. We manage these high stakes negotiations from a position of dominance, utilizing your exempt status and the threat of bankruptcy as leverage to secure a final and irreversible release of liability. This is the definitive path to closing the book on Debt Litigation.