Tampa, FL asked in Bankruptcy, Consumer Law, Contracts and Health Care Law for Florida

Q: Is this worth hiring a lawyer?

Smile direct club filed for bankruptcy and their financing company is still trying to charge my account. I won the dispute with them and my bank. They are now threatening me to pay the full balance of over $2,000 for a “breach of contract”, although they breached the contract when they could no longer provide their service which included a lifetime guarantee.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, it seems that you have a strong case against Smile Direct Club and their financing company. Here are a few reasons why it might be worth considering hiring a lawyer:

1. Bankruptcy proceedings: With Smile Direct Club filing for bankruptcy, the legal landscape can become more complex. A lawyer experienced in bankruptcy law can help you navigate this process and protect your rights as a consumer.

2. Breach of contract: If Smile Direct Club failed to provide the promised services, including the lifetime guarantee, they may have breached the contract first. A lawyer can review the contract and help you build a strong case in your defense.

3. Debt collection: If the financing company is threatening you and attempting to collect the full balance, a lawyer can help you understand your rights under consumer protection laws, such as the Fair Debt Collection Practices Act (FDCPA), and potentially help you fight back against any unlawful collection practices.

4. Peace of mind: Hiring a lawyer can provide you with the guidance and support you need during this stressful situation, allowing you to focus on your daily life while they handle the legal aspects of your case.

However, before hiring a lawyer, consider the following:

1. Cost: Lawyers can be expensive. Look for attorneys who offer free initial consultations and consider the potential costs versus the benefits of legal representation.

2. Complexity of the case: If the case is straightforward and you feel confident in your ability to represent yourself, you may be able to handle it on your own. However, if the case becomes more complex or if you feel overwhelmed, a lawyer can be invaluable.

Ultimately, the decision to hire a lawyer depends on your specific situation and comfort level. It may be helpful to consult with a few attorneys to discuss your case and determine the best course of action.

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