Fighting Debt Collectors
What You Must Do First If A Suit Is Filed Against You!
Fighting Debt Collectors, What to do If a debt collection lawsuit Is filed against you! Before paying old debts, check here to see if the debt collection statute of limitations has expired. Stop the latest Debt collection tactics.
when you are in a position where a creditor may file suit against you, while dealing with debt collectors, there are some basic courses of action you must follow.
Debt collection lawsuit, always collect your certified or registered mail, and accept any notices about court actions.
You cannot escape the consequences or subsequent actions by being uninformed. In fact, you do yourself injustice by allowing actions to occur without your complete knowledge much like an ostrich putting its head into a hole.
Fighting Debt Collectors 101, Your Best Defenses.
When fighting debt collectors seek professional advice or counseling when a suit is threatened or instituted. You may have a leg to stand on, or maybe you have a great defense you are totally unaware of.
However, be careful in choosing an attorney. You neither want to spend $500 per hour, nor be represented by an inexperienced litigator.
Read the court summons carefully. Some require a telephone response, while many require a written response or appearance within a certain number of days.
Some may have pre-printed forms what you fill out and return. While others may require a long and detailed response. So please read each notice carefully.
Should you fail to meet the stipulated deadline, the court may award full claim to the creditor including legal fees and court costs. You would also forfeit any rights to raise a defense or explain why you should not have to pay the full amount due.
Even if you should reach an out-of-court agreement with the creditor, all appearances or time lines of the court must be followed until the court order is rescinded or adjudicated. In the event of settlement, make sure all agreements and stipulations are in writing.
When fighting debt collectors, always submit a defense or counterclaim. A defense is the reason you claim as to why you should not have to pay all or part of the amount to the creditor.
A counterclaim is an attempt to prove the creditor owes you money. Should you not file any defense or counter claim, the court will have no alternative than to find for the creditor which could again include court costs and legal fees.
Fighting debt collectors, some defenses against a debt collection lawsuit:
- Creditor is attempting to collect more than the agreed amount.
- The merchandise was defective.
- Failure to deliver merchandise.
- Misrepresentation or pressure to create the debt.
- Debt was paid but not credited.
- Your account is current or the amount is not owed.
- Your signature was forged.
- Bankruptcy discharge of debt.
- Time lapsed beyond statue of limitations.
- Creditor violated laws in making or attempting to collect.
You must respond to all court papers and attend all court proceedings. In small claims court, you will most likely only have to make one appearance.
However, in other courts the case could be more complicated and require legal assistance.
When fighting debt collectors in more formal court proceedings, either side can request judgment before the trial if there is no real dispute. If the creditor has scheduled any depositions or taking of information from witnesses or third parties, you should attend these meetings also.
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