August 12, 2020
Summary: Sued for a debt by Transworld Ssytems? This guide is for you. Use SoloSuit to respond in 15 minutes.
Getting hounded by a debt collection agency can be a traumatic and stress-inducing experience. It can also be extremely frustrating when you are being pursued for an alleged outstanding debt that you do not actually owe. Unfortunately, there are a number of debt collection agencies that actually purchase debts from third parties and utilize unethical and aggressive collection practices to try and generate a profit. Transworld Systems is a prime example of such a company.
Transworld Systems is a fairly large collection agency that purchases consumer debt from third party creditors. Transworld Systems is also known to have purchased consumer and commercial debts, along with court-ordered judgements. The collection agents who work for Transworld Systems have developed a reputation for being aggressive, unethical, harassing, and routinely violating the rights of consumers afforded under the Fair Debt Collection Practices Act.
If you are being subjected to harassing debt collection practices by Transworld Systems or have been sued by this company to try and collect on an alleged outstanding debt, Solo Suit is here to help. We have compiled important information to help simplify debt collection lawsuits so you know what to expect and advice on how to prevail against debt collection companies like Transworld Systems.
More than 5,000 complaints have been filed against Transworld Systems with the Consumer Financial Protection Bureau (“CFPB”). These complaints are in addition to more than 300 complaints filed with the Better Business Bureau. The sheer volume of complaints is indicative of the fact that Transworld Systems utilizes highly questionable and unethical tactics to try and collect on a debt.
Nevertheless, if you receive a collection notice, or notices, from Transworld Systems, do not panic. You have rights and can take certain steps to contest the debt collection. It is also worth noting that many debt collection agencies are effectively paper tigers. They want to appear intimidating, but if you know how to respond to your notices, they may very well back off and cease their harassing phone calls and correspondence.
Along with making empty threats, Transworld Systems may try to tell you that if you pay off the outstanding debt in full, they can quickly and easily remove their notice from your credit report. Not only is this false, but the debt they are attempting to collect may not even be yours so do not fall for this tactic.
Many debt collection companies, including Transworld Systems, often presume that people do not understand, or are even aware, of their legal rights under The Fair Debt Collection Practices Act. As a result, these companies often try to take advantage of people by deploying questionable tactics (as we discussed earlier) and engaging in outright harassment.
One of the best ways to combat these unethical and inappropriate practices is to gain a thorough understanding of your legal rights and the statutory prohibitions put in place to protect consumers from certain questionable debt collection practices.
For example, debt collectors may NOT do the following:
If you discover a collection or charge off on your credit report from Transworld Systems, there are certain steps you can take to try and get this mark removed from your report. This is especially true if you do not recognize the collection effort since, in many instances, Transworld Systems may be relying on inaccurate information about who really owes the outstanding debt.
One of the first steps you can take after being alerted about a collection or charge off entry on your report is to file a dispute with the three major credit bureaus (i.e. Transunion, Experian, and Equifax). Once you file the dispute, the major credit bureaus have 30 days to conduct an investigation into the validity of the collection effort.
While the dispute is being investigated, you should demand that Transworld Systems “validate” the debt pursuant to the Fair Debt Collection Practices Act. You possess a statutory right to demand debt validation from the debt collection agency. A debt validation involves the debt collection agency providing documents and other evidence that substantiates the claim that you owe the alleged debt. This demand should be in writing and submitted to the debt collection agency.
When you submit your debt validation demand, the debt collection agency has 30 days to provide the necessary documentation to validate whether the outstanding debt is actually yours or whether it is owed by someone else. If the debt collection company is unable to provide the necessary documentation, the negative entry should be removed from your credit report.
If Transworld Systems escalates its debt collection efforts to a lawsuit, it is important to be proactive to defend yourself in court. When a debt collection company files a lawsuit, they have filed a “Complaint” against you. The debt collection company has an obligation to serve you with this Complaint. Once you are served, you need to take action by filing an “Answer.” Here are some important tips when filing your Answer:
It is worth emphasizing the importance of filing your Answer in a timely manner. Why? Because if you miss the deadline to respond to the Complaint, it can result in severe consequences where Transworld tries to obtain a “default judgment” against you. Once a judgment is entered in favor of the debt collection company, you may be unable to dispute the debt from that point on.
When responding to the Complaint, there are certain affirmative defenses you should consider raising to highlight the issues with the debt collection effort by Transworld Systems. For example, you should always remember that, in a debt collection lawsuit, the burden of proof falls on the debt collection company. Basically, this means the company bears the burden of establishing that (i) you are the individual responsible for the debt, (ii) the company possesses the legal right to sue you, and (iii) you owe a specific amount to the company.
Demanding proof of the specific amount that you allegedly owe can be an effective way to defend against a debt collection lawsuit.
Another affirmative defense you could raise is the applicable statute of limitations. Basically, a statute of limitations governs the amount of time a creditor has to file a lawsuit against an individual to try and recover a debt.
When it comes to a statute of limitations defense, it is important to note that the applicable statute of limitations will vary by the state in which you reside and the type of claim. Nevertheless, in many debt collection lawsuits, the statute of limitations is somewhere between four and six years.
In addition to raising the statute of limitations, you should also consider filing a countersuit if you have evidence that the debt collector violated the Fair Debt Collection Practices Act. Debt collection companies that violate the Fair Debt Collection Practices Act could be held liable for your legal fees and other compensatory damages.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
If you need assistance on how to best respond to a debt collection lawsuit, consider utilizing SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.
Here is what you need to do if you receive a debt collection notice from Transworld Systems:
Best of Luck!
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