The debt collector has to present its case in front of a judge. If they don’t show up, they lose, and if you don’t show up, you lose. Either side can be represented by a lawyer.
Full Answer
It’s vital that you attend all court hearings and respond to court notices, or the court might let the collector win by default. A lawyer to help you figure out if you have any defenses, prepare the answer and file it, and represent you in court.
Luckily, federal and state laws give you the right to demand information about the debt, called "debt verification." And if the debt buyer or collector can't produce documentation of the debt, you can raise this failure as a defense to a lawsuit.
Most debt collection cases don’t get to trial; they settle, or the collector gets a default or summary judgment. Most collectors win their cases by default, without ever having to go to court. If you do go to trial, you—or your attorney, if you hire one—will have to present your case according to specific rules of procedure and evidence.
You can sue for damages that happened because the collector broke the law — expenses like lost wages or medical bills, or compensation for the effect the debt collector’s actions had on your job or your health. But even if a court finds a debt collector violated the law in trying to collect a legitimate debt, you may still owe the debt.
Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.
What Happens Now? If a debt collector can't verify your debt, then they must stop contacting you about it. And they have to let credit bureaus know so they can remove the debt from your credit report.
Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
If they don't respond in time, the items you disputed are supposed to get deleted. Typically, each credit bureau will send you either a full credit report or a partial report with a cover page that summarizes any changes they've made.
Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.
5 Things Debt Collectors Are Forbidden to DoPretend to Work for a Government Agency. The FDCPA prohibits debt collectors from pretending to work for any government agency, including law enforcement. ... Threaten to Have You Arrested. ... Publicly Shame You. ... Try to Collect Debt You Don't Owe. ... Harass You.
There are 3 ways you can remove collections from your credit report without paying. 1) sending a Goodwill letter asking for forgiveness 2) disputing the collections yourself 3) working with a credit repair company like Credit Glory that can dispute it for you.
5 ways to deal with debt collectorsDon't ignore them. Debt collectors will continue to contact you until a debt is paid. ... Get information on the debt. ... Get it in writing. ... Don't give personal details over the phone. ... Try settling or negotiating.
(5) Validation period means the period starting on the date that a debt collector provides the validation information required by paragraph (c) of this section and ending 30 days after the consumer receives or is assumed to receive the validation information.
If you receive a notice from a debt collector, it's important to respond as soon as possible—even if you do not owe the debt—because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.
While a debt validation letter provides information about the debt the collection agency claims you owe, a verification letter must prove it. In other words, if the collection agency doesn't have enough evidence to prove you owe it, their hands may be tied.
The servicing, buying and selling of debt has become so commonplace that often the original creditor does not have the account for very long. This...
If you are contacted by a debt collector, the Fair Debt Collection Practices Act (FDCPA), and many state debt collection statutes, provide you with...
If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and cred...
The debt collector has to present its case in front of a judge. If they don’t show up, they lose, and if you don’t show up, you lose .
If you already have a lawyer, they will take care of it for you. Otherwise, if you haven’t been mailed a trial date notice, call the court. They can give you the date if you did not get it in the mail.
It’s very sad, because so many consumers will answer their lawsuit– and many don’t even do that — but they won’t show up to their trial, and they lose their case.
Answer the lawsuit, which you may have to do in writing or by showing up to court — or both. The papers that say the debt collector is suing you will tell you what to do. Look over your records about the debt and any information you may have gotten from the collector, including the validation information that debt collectors must send you.
If a debt collector files a lawsuit against you to collect a debt, it’s important to respond — either yourself or through an attorney. And remember, you have rights when it comes to dealing with debt collectors. Here are answers to some common question you might have about the process.
Even if you don’t think you owe that debt. Responding to a debt collector’s lawsuit in court will likely put you in a better situation, cost you less in fees, and give you more control over how you repay the debt.
Where Can I Get Help? 1 Free or reduced-fee legal help, if you have a low income. To find a legal aid organization near you, use the Legal Service Corporation’s search tool. Or search for a pro bono (free legal help) program using the American Bar Association’s pro bono directory. 2 Free online answers to debt collection questions from an attorney in your state, which you may be able to get at org. 3 Hiring an attorney, if you can afford it. Find a lawyer in your state using the American Bar Association’s Directory. Be sure to ask if they have experience with consumer law, debt collection defense, or the Fair Debt Collection Practices Act.
If a debt collector breaks the law, you have one year from that date to sue that collector in a state or federal court. You can sue for damages that happened because the collector broke the law — expenses like lost wages or medical bills, or compensation for the effect the debt collector’s actions had on your job or your health.
Free or reduced-fee legal help, if you have a low income. To find a legal aid organization near you, use the Legal Service Corporation’s search tool. Or search for a pro bono (free legal help) program using the American Bar Association’s pro bono directory.
By responding to the lawsuit, either yourself or through an attorney, you can make sure the collector has to prove that you owe the debt, that the amount of the debt is correct, and the debt collector has the legal right to sue you to collect on it. You may even be able to resolve the debt by responding or showing up in court because some collectors would rather settle than go through extended litigation.
Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.
If you don’t respond to the suit, the collector will most likely ask the court to enter a default judgment, which means you automatically lose the case. The court might then simply award the collector the amount it requested, or it might scrutinize the documentation to make sure the amount is legitimate, or the court might require the collector to present evidence before awarding any money. The collector will probably be able to get attorneys’ fees, court costs, and interest in addition to the amount you owe. Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.
“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.
Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.
A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.
To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.
If the judge grants the motion, the court will enter a judgment against you without a trial.
If the collector or debt buyer can't prove it owns the debt, you might have a defense to a collection lawsuit. By Stephanie Lane.
If the creditor or debt collector doesn't do this, you might be able to get the lawsuit dismissed. Or, you can ask the court to require the creditor or debt collector to provide the missing documentation and information. This is often called "requesting a more definite statement.".
If a debt collector sues you, most state and local procedural rules put even heavier documentation requirements on both the debt collector and creditor. In many states, a creditor or debt collector that is suing for collection of an account must: state in the complaint why the account or document is not attached.
There is no time limit for the debt collector to respond. For instance, if six months have passed since you requested the verification, the collector cannot just resume calling or writing you to demand payment.
Under the FDCPA, if you send the bill collector a letter that disputes the debt and/or requests verification of the debt within 30 days of receiving the initial written notice of the debt (called a "dunning letter"), then that bill collector must: immediately stop its collection activity, and. send you information verifying ...
This often happens because creditors assign debts to collection agencies or sell them to "debt buyers.". Luckily, federal and state laws give you the right to demand information about the debt ...
Under some state fair debt collection acts, you can get more than $1,000 in statutory ...
The second purpose is to show the plaintiff that you are playing hardball and won’t just rollover and pay. Because lawsuits can be scary, debt collectors hope that you’ll just pay before it even gets to court, won’t show up and get a default judgement, or won’t know what to do and will lose because you don’t know what to do. Sending the request for production of documentation shows that none of those apply. In many cases, the debt collection agency will drop the lawsuit at this point because they know it may be a losing battle. But if they don’t drop the suit, make sure to take the right steps to stay on track for a win on your court date.
For a debt to be legally collectable, the debt collector must produce documentation showing that you signed an agreement to pay, that the debt was legally sold to the collector, and that the amount and debt source in question are both legal and valid, and not past a statute of limitations for collection.
This letter serves two purposes. First, it is requesting that the debt collector provide documentation that proves they have a claim to collect the debt. If they can’t provide this documentation, you win. And, seeing as most credit card companies don’t keep copies of all account signup documentation and virtually never provide that to the debt collector, this alone could win the case for you if the plaintiff is unable to meet the request.
Lawsuits happen every day, and many people come through relatively unscathed. If you freak out and hand over a big check or, even worse, your bank account information, the debt collectors have already won. Instead of panicking, create a plan to win in court.
Being Informed is the Best Defense. The best defense you have in court is being well armed with a knowledge of your rights. You do not have to pay a cent to the debt collectors unless they can provide documentation proving you actually owe the money and owe it to them.
When you get to court, you have to say and do the right things to win. If you open up with a big sob story and hope you’ll win out of sympathy, you are gravely mistaken. The worst thing you can do is admit the debt was yours. Your case hinges on the debt collector being unable to prove you actually owe the money.
Send the plaintiff’s lawyer, and send a copy to the judge as well, a Request for Production of Documents via certified mail with return receipt. You can find free templates to use online, such as this one for Massachusetts lawsuits.
A dismissal without prejudice is not a final and appealable order. It will do nothing for you to cleanse your credit report
It depends upon whether the case was actually dismissed or the Plaintiff lost its case. It the case was simply dismissed and there was no trial, then it depends whether the Plaintiff can bring the case again (dismissed without prejudice) or whether the Plaintiff is prevented from filing suit again.
When you win your debt buyer lawsuit it normally means that you do NOT owe the debt buyer any money. A judge has ruled that there is no obligation for you to pay the debt buyer. If you don’t owe the debt buyer any money, then the debt buyer must take this off of your credit reports. They hate doing this!
It may be procrastination (no-one likes to deal with bad news), it may be fear (it is scary being sued), or most likely it is that you believe the lie there is nothing you can do once you are sued. Whatever the reason, the debt buyer wants you to not answer the complaint. Because if you don’t answer the lawsuit you will almost certainly lose – a default judgment will be entered against you which leads to garnishment and other negative consequences as you can imagine.
With debt buyers you want to see the proof that the debt buyer who is suing you actually owns the debt. If it bought the debt from some other debt buyer then you need to see the proof that the other debt buyer owned the debt at the time it sold it to the one suing you. Sometimes there are multiple debt buyers – they all need to prove that they owned the debt.
The debt buyers say that they “stand in the shoes” of the original creditor so if you owe, for example, Bank of America or Chase or Capital One, then the debt buyer says you owe the debt buyer. This is now a huge business – suing consumers on purchased debt or “junk debt.”.
Debt buyers (debt collectors) are flooding our Alabama courts with lawsuits where they claim to own the debt that they are suing on. Often, when you are sued, you are confused as you never did business with the debt buyer (Cavalry, LVNV Funding, Midland Funding, Unifund, Velocity, and many others) but you find yourself in the middle of a lawsuit.
Think of it this way – about 90% of all debt buyer lawsuits result in a default judgment against consumers. The others get settled. The few that don’t get settled go to trial, but normally about 50% of the people who have made it to trial don’t even show up. So they lose.
We have had debt collection lawyers tell judges that “John Watts is messing up our system of collecting debts because they are making consumers think they can fight back against collection lawsuits.”
If yours isn't a routine debt collection case, or the creditor's lawyer wants to play the litigation game, a whole lot can go on between the time you file your answer and any counterclaim and the time you get a notice of the trial.
If a creditor or collection agency sues you for nonpayment of a debt, it'll serve you with a complaint and you have the opportunity to respond. If you respond to the suit, the case then gets underway with discovery, settlement conferences, motions for summary judgment, and perhaps a trial. (To learn how a creditor lawsuit begins, including receiving a summons and complaint and responding to the lawsuit, see Creditor Lawsuits: How the Case Begins .)
The creditor may try to convince the judge that none of the facts of the case are in dispute— for example, that you signed a legal loan agreement, made no payments, and have no defense as to why you're not paying. The creditor also must convince the judge that the plaintiff is entitled to judgment as a matter of law. The creditor does this by filing a summary judgment motion. If the judge agrees with the creditor, the judge can enter a judgment against you without any trial taking place. The creditor should not win if there are any material (important) facts in dispute (for example, if you claim you didn't sign the agreement).
Once you file and serve your response to the creditor lawsuit, you'll receive written notification of all further proceedings in your case. Routine cases. If yours is a routine debt collection case, the next paper you will probably receive is a notice of the plaintiff's request for a trial and date.
Discovery refers to the formal procedures used by parties to obtain information and documents from each other and from witnesses. The information is meant to help the party prepare for trial or settle the case. In routine debt collection cases where you don't have any defense, don't expect the plaintiff to engage in discovery. Discovery can be expensive, and, quite frankly, there is often nothing for the plaintiff to "discover." You owe the money. You haven't paid. (Read about different options for dealing with your debt .)
In some courts, however, you will be sent a notice of a settlement conference before the trial date. Be sure to attend the settlement conference or trial. If you move, make sure you notify the plaintiff and court of your address change. Non-routine cases.
In routine debt collection cases where you don't have any defense, don't expect the plaintiff to engage in discovery. Discovery can be expensive, and, quite frankly, there is often nothing for the plaintiff to "discover.". You owe the money. You haven't paid.