Debt collection lawsuits are On The Rise and collection company’s and law firms working on creditors behalf know that most debtors will take no action which will result in a default judgment. A default judgment occurs when you or somebody in your household has been served with a summons and complaint which seeks to collect damages and you fail to respond. Generally debtors have 20 days from when they were served with a collection lawsuit to respond and file an answer denying the allegations and alleging your defenses. Filing an answer can buy you several months and time to work out a settlement with your debt collector without having your wages garnished.
If you can afford to hire an attorney to fight debt collectors on your behalf, assist you with a bankruptcy filing or set up a debt settlement program, these debts can be negotiating down or eliminated entirely. Don’t be taken advantage of by large debt collection company’s and their empty threats which they cannot follow up on. Most of the time these debt collection companies cannot even prove that they own the debt they are suing on and thus have no standing to sue. If they do file a lawsuit they will be forced to prove that they are allowed to collect on a debt and prove that you owe the money. Debt collectors must also abide by the fair debt collection practices act (FDCPA) in which debt collectors can only call during certain hours, must provide proof that you owe money if you ask for validation, and must stop calling you if you send them written notice among other regulations. Debt collectors face stiff penalties if they violate the FDCPA so if you are being harassed it may be worth it to speak to a debt relief lawyer to review your options.
If you have been sued by a debt collector, call Symmes Law Group today at 206-682-7975 to schedule your free consultation.