Debtor Defense

Debt Defense and Debt Resolution Program

All clients have an attorney assigned to them and access to our legal team as we provide the following services as needed or requested:

Attorney Consultation – At your request, we will schedule at a time for you to speak with one of our attorneys to review your financial situation and explore potential options such as debt settlement, bankruptcy and credit counseling. We can also discuss your right to have debt collectors validate any debt you think they might not have the right to collect or where they may be attempting to collect an improperly inflated amount of money. All clients will be provided free information about the potential ways to reduce or eliminate debt.

Stop Creditor Harassment – It is a violation of federal law for debt collectors to call you once they have noticed that you are represented by an attorney. Once this Agreement is effective, you can tell any debt collector that you are represented by Firm and provide Firm’s phone number. At your request, we will send written notice to any debt collector that you are represented by a Firm.

Lawsuit Defense – If you are sued by a Creditor as a result of a debt we are attempting to settle we will, at your request, defend you without charging you for attorneys fees. Defense is only provided at the trial court level and does not include appeals or any post-judgment actions. If you are sued as a result of unsecured debt that we are not attempting to settle in pre-litigation negotiations, the Firm will represent you for an hourly rate of just $175 for attorneys and $125 for staff.

Debt Negotiation/Settlement – To help you resolve debts that you believe that you cannot now or soon will not be able to afford to pay or that you dispute the amount you owe, and to reduce the likelihood of adverse legal actions by your creditors, Firm can attempt to negotiate with your creditors in an effort for them to accept less money than they claim that you owe. This can get you out of debt many years faster and save you tens of thousands of dollars compared to continuing to make minimum payments.

FDCPA – We will educate you about your rights under the Fair Debt Collection Practices Act (“FDCPA”) and assist you with identifying possible creditor violations. The FDCPA protects you from abusive and unethical tactics that are often employed by debt collectors. If you and the attorney assigned to you believe a violation of the FDCPA has occurred, we will represent you in a pre-litigation effort to stop the violation and get you compensation at no advance charge to you. You would only pay us if we recover money for you. If litigation is required to resolve the claim, a separate agreement will be needed.

FCRA – We will educate you about your rights under the Fair Credit Reporting Act (“FCRA”) and assist you with identifying possible creditor violations. The FCRA protects your right to have accurate and timely information appear on your credit reports. If you and the attorney assigned to you believe a violation of the FDCPA has occurred, we will represent you in a pre-litigation effort to stop the violation and get you compensation at no advance charge to you. You would only pay us if we recover money for you. If litigation is required to resolve the claim, a separate agreement will be needed.

Education / Financial Literacy – We will provide you with written resources to help you better manage your finances and information about ways to eliminate debt through bankruptcy, debt settlement, and credit counseling. At your request, the Firm will provide up to two hours of consultation regarding how to handle any litigation or threats of litigation pertaining to Your debts.

The stress caused by financial problems is real and dangerous. It can impact your mental and physical health. You have rights and there are ways to reduce the cause of this stress. Please let us help you. Call us for a free consultation.

The price of the program varies. In many cases, you can receive these benefits with no advance fee if you havea viable FDCPA or FCRA claim or if you opt to have us negotiate your debts.

There are important terms and limitations to some of the offerings described on this page. Prices may change after publication. We want you to be happy with any service we provide you, so please read your contract and disclosures carefully and ask any questions prior to signing. Fees are not set by law and can be negotiated. Any past performance mentioned does not guarantee future results.

¹ https://www.cnbc.com/2022/08/01/as-inflation-surges-more-americans-are-living-paycheck-to-paycheck.html
² https://www.lendingtree.com/credit-cards/credit-card-debt-statistics/
³ https://files.consumerfinance.gov/f/documents/cfpb_consumer-credit-card-market-report_2019.pdf
⁴ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3718010/

This site contains attorney advertising. It is not legal advice prepared for your unique situation. Statistics about clients, success rates and a number of years with an A+ rating with the Better Business Bureau include data while doing business exclusively as The Law firm of Higbee & Associates. Testimonials or reports of past results do not constitute a guarantee, warrant, or prediction regarding the outcome of your legal matter. Results portrayed are dependent on the fact of that case and the results may differ if based on different facts. Photos on the website, other than on the About page, are not of actual clients or attorneys. The firm’s lead attorney in the state is responsible for the advertising in that state. The lead attorney for each state can be found on the About page. The law firm only accepts clients or handles matters in states where it is licensed. Calls may be recorded for training and quality control purposes.

Litigation Debt Defense

Our law firm has handled thousands of litigation cases against creditors of all sizes, from Fortune 500 companies, such as American Express and Discover, to the smallest of creditors.    Hiring an attorney might be less expensive than you think.   We have a variety of payment options for those looking for help in defending against a creditor lawsuit.

Flat Fee Pricing
We can quote you a price to handle the entire lawsuit, from the start to the end of trial or adjudication. Flat fee prices are typically $900 to $3,000 depending on the facts of the case. Flat fee pricing covers all of the attorneys’ fees. The flat-fee does not cover court costs, such as filing fees, and it does not include any appeals or post-judgment work.

Legal Defense Program
Our legal defense program is our most popular option for those who suspect that they will soon be sued by a creditor. For a retainer payment of $15.95 a month, we will allocate discounted time to you each month that will allow us to handle any creditor lawsuit for a price that is fixed at the time you sign-up, typically $299, which will include all court costs. This offering is extremely popular for people who are in debt settlement programs, where there is a substantial chance of getting sued by a creditor. You must enroll in the program prior to being sued on an account that you wish us to defend.

Hourly Pricing
The traditional form of payment is by paying hourly for the time it takes to handle the lawsuit. The hourly rate is determined by who performs the work. We have a separate rate for attorneys and non-attorney, staff members. The rate for attorneys is between $200 an hour and $500 an hour, depending on the experience level of the attorney. The rate for non-attorney staff is typically $150 an hour. This payment structure is a good option for those who are confident that the matter can be resolved fast and want a chance to pay less than the flat-fee price. It is also good for those who want access to our most experienced attorneys and who do not mind spending more money than they would if they paid a flat-fee.

There are important terms and limitations to some of the offerings described on this page. Prices may change after publication. We want you to be happy with any service we provide you, so please read your contract carefully and ask any questions prior to signing. Prices are not set by law and can be negotiated. Any past performance mentioned does not guarantee future results.

⁴ https://files.consumerfinance.gov/f/documents/cfpb_consumer-credit-card-market-report_2021.pdf