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Collections Lawsuits: Make Debt Collectors Prove They Bought Your Specific Account

debt collectors
  • Jul 17 2018

Even if you suspected a creditor or debt collectors might be prone to litigation and would follow through with actually suing you (this is usually clear after months of calls and letters threatening to do so), it can certainly be jarring to open the door up to a process server and realize you are being handed a summons and complaint. Although the urge to throw such legal documents in a drawer and just hope to forget about them may be strong, it is the worst thing you can do.

Don’t Be Bullied if a Creditor Sues You

With the help of a skilled collections lawsuit attorney, you do have options; in fact, with good legal advice from a firm like Fitzgerald & Campbell, APLC, you may actually find yourself in the driver’s seat in court—or before you even get there. Creditors and many debt collections agencies are used to playing the game of collecting on debts, suing, and gaining judgments. What they bank on, however, are the majority of consumers and debtors who do not reply or show up to court.

Reply—and Fight Back!

After receiving that lawsuit, the first step is to reply. You do need help from your attorney in doing so, as creating and filing a suitable response to the lawsuit is challenging unless you have a legal background. Keep in mind that while there may also be the choice to negotiate and pay off the debt in a discounted lump sum (of one payment, or even monthly payments), it may be in your best choice to fight. This is not usually as hard as it may seem, either; in fact, you may be shocked at how quickly a debt collections agency will back down when they are asked to provide paperwork regarding the account. Because many agencies purchase accounts in bulk volume from creditors, they are often not given entire account histories that would be helpful for them to produce in court.

Force Them to Prove Standing

A debt collections agency may, in fact, have purchased so many accounts at once that they cannot even prove they actually own your account. This requires them to prove they have standing to sue you over the debt and can produce everything regarding your account history—beginning with your signature on the original agreement. They may be able to prove they have a receipt for purchase of a volume of accounts but have little other specifics to offer up. There is little merit to the case if the plaintiff only has minimal evidence to show—and this is the case all too often.

Contact Us for Help Now

If you are concerned about impending creditor lawsuits or fighting a default judgment, consult with an experienced law firm like Fitzgerald & Campbell, APLC as soon as possible. A solution can be found to help you through any of these issues, even if a judgment has already been granted.

Our attorneys have decades of experience in serving clients as they navigate through challenging financial situations, to include collection lawsuits, default judgments, and more. Let us review your case and discuss what would work best for you. We are here to help! Call us today for a free consultation at (855) 709-5788 or email us at info@debtorprotectors.com.

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Posted in: Collections lawsuit, Credit Card Lawsuits