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Earl Carl Institute

ECI Centers - OMLPPP - Consumer Debt

Consumer debt simply stated is the outstanding debt of consumers as opposed to the outstanding debt of the government or businesses.  Common forms of consumer debt are credit cards, consumer financing such as payday loans, and automobile loans.  

All too often, a creditor will sue a consumer with the expectation that they will not answer the lawsuit and they will receive a judgment knowing that the consumer cannot pay the judgment.  The judgment, like any other debt, accrues interest until it is paid.  The creditor will then get an abstract judgment, which can be filed with the real property records of the county and create a lien on any real property owned by that consumer.  The effect of such a lien can and often does restrict what the owner can do with the property.  

OMLPPP defends cases where a consumer is being sued by such a creditor.  We strive to get a realistic solution for our clients, in an effort to avoid an impossible judgment that may affect their homestead.  Some of the cases are able to be settled without the necessity of final trial.

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