How to Become a Lawyer

Debt cases – How to go about handling it as a lawyer

Given the present economic situation, one of the most pertinent problems that most citizens of the United States are facing revolves around debt and debt related cases. As a lawyer, it’s more than obvious that the most common cases that are going to come your way include debt as its primary subject.  Now, the question arises that as a lawyer how should you go about handling the debt related cases. Each one is specific definitely, but there are some underlying common traits as well. Debt related or debt collection cases are unlike other cases for it’s no criminal offence. Read on to find out more.

The requirements involved

Now, as a debt collection lawyer before you even think of handling debt related cases, there are quite a few requirements that need to be taken care of else you’ll be considered ineligible to handle them. Following are 2 minimum requirements you must fulfill in order to help with debt related cases.

  1. License: First of all, you should be licensed as a debt attorney to practice law and that too in a specific jurisdiction. This actually gives you the permit to primarily focus on helping others collect their debt.
  2. Regulations: Next, you should be aware of the regulation set by that particular state which you should abide by. This is actually necessary for unless you’re familiar with the case, then you won’t be able to handle your client’s lawsuit adeptly and that definitely isn’t a good thing for your career.

The basic course of action

Enlisted below are 6 steps that should provide a general indication of the course of action that you’re to go through.

  1. Collections: Often the first step as a debt attorney requires you to collect a debt that includes a collection agency or perhaps the internal collection department of the company concerned. Since they were unsuccessful with collecting debt, hence it’s obvious that it has been passed on to you.
  2. Establish: When you’re going to collect debt, then make sure that you establish the debt as a valid one. Unless you can establish that the debt is actually owed to your client and that the person named is responsible to the party, there’s hardly much you can do to proceed.
  3. Contact: Once you’ve established the debt to be owed to your respective client, then things tend to get simpler from then onwards. The next step obviously requires you to contact the individual concerned. You can do this via email, a personal letter or even through a telephonic conversation.
  4. Negotiate: Once you’ve established contact with the debtor, you should introduce yourself and then explain the situation. The idea is to explain such that the debtor starts getting interested towards resolving the situation. This is essentially because ultimately you’ve got to reach the goal of coming to a negotiation regarding the settling of debt.
  5. File: If the debtor shows no interest in settling the debt, you’ve got to go ahead and file a petition which includes a pretrial conference as well. Herein the judge would make attempts to work with both sides so that a mutually agreeable settlement agreement can be reached.
  6. Present: Finally in case of a major dispute, you’ll have to present evidence, call the required witnesses and lay out the case efficiently. There might be rebuttal evidences coming your way, but it’s your skill to dodge them deftly.

Now that you know what’s required of you as a lawyer to help with debt related cases, prepare yourself accordingly. For fact remains that the final decision regarding the payment of debt finally remains with the judge, but it’s your prowess that can actually make the real difference.