Know Your Rights

Fair Debt Collection Practices Act (FDCPA)

Debt collectors must follow the law — and many don’t. If a collector has harassed you, threatened you, called at odd hours, or misrepresented what you owe, you may have a claim under the Fair Debt Collection Practices Act. Corey D. McGaha, PLLC holds collectors accountable and pursues money damages for our clients.

Credit Cards

Getting served with a lawsuit over a credit card debt is an overwhelming experience — but it doesn’t mean you have to accept the outcome. Credit card debt is one of the most common types of consumer debt that ends up in court, and the companies suing are counting on you not to show up or not to fight back. When you don’t respond, they get a default judgment against you — which can be used to garnish your wages or bank account. You have the right to defend yourself, and that defense can make a real difference.

There are often more defenses available than people realize. The creditor or collector may not prove the debt is actually yours, may not have the original account documents, or may have sued after the statute of limitations ended. Sometimes, the amount they’re claiming is inflated or just plain wrong. A debt defense attorney can review the lawsuit, identify weaknesses in the collector’s case, and develop a strategy to fight back — whether that means negotiating a favorable settlement or taking the case to trial.



At Corey D. McGaha, PLLC, we defend Arkansas consumers who have been sued over credit card debt every day. We charge a reasonable, flat fee so you know exactly what you’re paying from the start — no surprises. If you’ve been served with a lawsuit, time is short. Contact us today and let us review your case.

Auto Debt

When a vehicle is repossessed and sold, many consumers believe the matter is over — but that’s rarely the case. After selling the car, the lender may sue you for the “deficiency balance” — the difference between what the car sold for and what you still owed on the loan. These lawsuits can arrive months or even years after the repossession, catching people off guard. And if the lender didn’t follow proper legal procedures when repossessing or selling the vehicle, you may have defenses that significantly reduce or eliminate what they can collect.



Under the Uniform Commercial Code, lenders must conduct the sale of a repossessed vehicle in a “commercially reasonable manner” and provide proper notice to the borrower. If they did not do either, Arkansas law may limit or bar their ability to collect the deficiency. These are technical but powerful defenses that an experienced consumer law attorney can evaluate and raise for you.

Corey D. McGaha, PLLC represents Arkansas consumers facing auto deficiency lawsuits. We know how these cases work, we know what lenders are required to prove, and we know how to hold them to that standard. If you’ve been sued over a car loan deficiency, don’t assume you owe everything they’re claiming — contact us first.

Medical debt

Medical debt is the leading cause of consumer debt lawsuits in Arkansas, and it is also one of the most misunderstood. Many people feel a moral duty to pay their medical bills and don’t realize they have the right — and often strong grounds — to challenge a lawsuit. Medical billing is notoriously complex and error-prone. Charges may be duplicated, inflated, or billed for services that were never rendered. By the time a lawsuit is filed, the debt has often been sold one or more times, and the company suing you may have little documentation to back up their claim.

When a hospital, medical provider, or debt buyer sues you for a medical bill, they bear the burden of proving that you owe the amount they’re claiming. That means they must produce a proper accounting of the charges, evidence that the services were actually provided, and documentation showing a valid chain of ownership if the debt was sold. Often, collectors cannot meet that burden — when the debt is old or has changed hands multiple times.



At Corey D. McGaha, PLLC, we take medical debt defense seriously. We review the underlying billing records, examine the chain of title on the debt, and challenge collectors who can’t back up what they’re claiming. If you’ve been sued over a medical bill, call us before you do anything else — especially before you pay or agree to anything.

Debt Buyers

Debt buyers are companies that purchase old, charged-off debts from original creditors — often for pennies on the dollar — and then sue consumers to collect the amount. You may not even recognize the name of the company suing you, because it’s not the original bank or hospital — it’s a third-party company that bought your account, sometimes years later. Names like Midland Credit Management, Portfolio Recovery Associates, LVNV Funding, and Cavalry SPV appear constantly in Arkansas courts.

Debt buyers often have limited documentation. When a debt is sold — especially if it has been sold multiple times — critical records like the original signed contract, complete account statements, and the chain of assignments rarely transfer with it. Without that documentation, a debt buyer may struggle to prove the foundational elements of their case: that the debt is valid, that you actually owe it, that the amount is correct, and that they have the legal right to collect it.

Defending against debt buyer lawsuits is one of the core focuses of Corey D. McGaha, PLLC. We know the major debt buyers, we know their litigation tactics, and we know exactly what they need to prove to win. If a debt buyer has sued you, contact us right away. You may have more options than you think.

Student Loan Debt

Student loan debt is a serious burden for millions of Americans, and when borrowers fall behind, lenders and servicers please take legal action. While federal student loan collection operates somewhat differently than private debt collection, private student loan lenders — banks, credit unions, and private lending companies — can sue in state court to collect unpaid balances. If you’ve been served with a private student loan lawsuit, the rules that apply to other consumer debt cases apply here too.

Private student loan lawsuits are subject to statutes of limitations, documentation requirements, and the same defenses in other consumer debt cases. The lender must prove the loan exists, that you are the borrower, that the amount claimed is correct, and that the claim is timely. Sometimes, private student loan debt has also been sold to debt buyers, raising the same chain-of-ownership issues that arise in credit card and medical debt cases.



Corey D. McGaha, PLLC can help if you are facing a private student loan lawsuit. We will review the complaint, analyze the lender’s documentation, and determine the best defense strategy for your situation. If you’re dealing with federal student loan issues, we can discuss your options and refer you to the proper resources. Either way — don’t ignore a lawsuit. Call us first.

Microlenders

Microlenders — including payday lenders, installment loan companies, online lenders, and small personal finance companies — market themselves as quick, easy solutions for people in a financial pinch. They don’t always advertise the high interest rates, aggressive collection practices, and willingness to sue when borrowers fall behind. For many consumers, a short-term loan quickly becomes a long-term legal problem.

These lenders often operate with loan agreements that have provisions that may be unconscionable or unenforceable under Arkansas law. Arkansas has usury protections — limits on how much interest a lender can charge — and some microlender contracts push right up against or beyond those limits. Also, many online microlenders operate across state lines, which can create jurisdictional and choice-of-law issues that an experienced attorney can leverage in your defense.



If you’ve been sued by a payday lender, installment loan company, or any other small-dollar lender, Corey D. McGaha, PLLC can help. We will review the loan documents, examine the interest and fee structure, and determine whether the lender has a valid and enforceable claim under Arkansas law. Don’t assume a lawsuit from a microlender is automatically a slam dunk for their side — call us and find out where you stand.

Our Process

If you’ve been sued for a debt — no matter what kind — the most important thing you can do is act quickly. Here’s how getting started with Corey D. McGaha, PLLC works:

Deadlines in debt collection lawsuits are strict — in Arkansas, you typically have only 30 days to respond after being served. Don’t wait. Contact us today.

Our Process

If you’ve been sued for a debt — no matter what kind — the most important thing you can do is act quickly. Here’s how getting started with Corey D. McGaha, PLLC works:

Deadlines in debt collection lawsuits are strict — in Arkansas, you typically have only 30 days to respond after being served. Don’t wait. Contact us today.

Get a Free Debt Defense Case Review

Client Reviews