What kind of lawyer do I need if the bank says we are in default? 10 Answers as of January 20, 2011

The bank has filed suit stating we are in default. We have made every payment. I do not even know what kind of lawyer I need. I will be calling the State Attorney General tomorrow.

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Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
Generally you need a lawyer who specializes in handling real property problems. You can probably find such a person by calling your local county bar association and asking for a referral.
Answer Applies to: California
Replied: 1/18/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
I would say a lawyer that emphasizes debtors' rights.
Answer Applies to: South Dakota
Replied: 1/18/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
You will need to file a response to the suit or default may be entered against you. Contact the Bank's Attorney and provide proof of payment for the months that they allege you are in default. that should resolve it. if not A general civil attorney will be able to assist you in defending the suit and asserting your own claims as appropriate.
Answer Applies to: California
Replied: 1/18/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Default in what? A house, car or other. If you have proof of all the payments being made there should be no issue once you speak to a bank supervisor.
Answer Applies to: California
Replied: 1/17/2011
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
I'm not sure what type of loan your bank has stated you are in default on, but you should have an attorney review the loan paperwork and provide the attorney with all your proof of payment so you can get accurate advice on what your options are.
Answer Applies to: New Hampshire
Replied: 1/17/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    I am assuming that the loan that you are referring to is secured by real estate. In that case, a real estate attorney and / or a litigation attorney would be a good attorney to talk to. If you are thinking about bankruptcy, then you should talk to a bankruptcy attorney. If the loan is secured by a car or other personal property, a good litigation attorney would be appropriate.
    Answer Applies to: California
    Replied: 1/17/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need to be careful. Not all lawyers understand this area of the law. Go to NACBA.ORG to find a lawyer near you. There are bankruptcy lawyers and many of them understand the issues involved in this type of dispute. Many do not. You will have to question them carefully before you hire one.
    Answer Applies to: California
    Replied: 1/17/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You do not say what kind of debt is involved but it sounds like a credit card or personal loan. When you are served with the court papers you need to find a civil law attorney to answer and represent you in court. There are attorneys who specialize in consumer debt defense. The complaint filed with the court will state the amount owed and the dates you allegedly did not pay. Therefore, when you are served with process you will know what the bank is saying as far as the default. If you are not in default then you will win the case and may be entitled to have your lawyer paid by the bank and the costs of the suit. The Attorney General has nothing to do with a civil lawsuit for a debt unless you think there is consumer fraud involved. Just because the bank is mistaken or keeps lousy record of payments does not mean that is consumer fraud.
    Answer Applies to: California
    Replied: 1/17/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You might want to consider a bankruptcy case.
    Answer Applies to: California
    Replied: 1/17/2011
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