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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