August 19, 2020
Summary: Sued for a debt by Asset Acceptance LLC Services? This guide is for you. Use SoloSuit to respond in 15 minutes.
If you are being hounded by a debt collection company like Asset Acceptance LLC, you may be feeling overwhelmed and unsure about your financial future. If the stress of being borderline-harassed by a debt collector was not bad enough, there is a strong likelihood that you will wind up getting served with a debt collections lawsuit. If you find yourself in this position, your mind is probably flooded with questions, most importantly, “What steps can I take to beat Asset Acceptance LLC in court?” SoloSuit can help. The information provided below offers key insights and advice on how to effectively defend and fight against Asset Acceptance LLC in court.
If you get served with a Summons and Complaint by a representative of Asset Acceptance LLC, it is extremely important to actually file a response to the lawsuit. In addition, your response needs to be filed with the court in a timely manner.
One of the most common mistakes people make when they are sued by a debt collection company is failing to actually respond to the Summons and Complaint. Whether you actually owe the debt or believe you were sued by mistake, you need to provide a response to the allegations levied by Asset Acceptance LLC. In legal terms, your response to the Complaint is known as an Answer.
The reason providing a response is so important is because failing to do so will enable Asset Acceptance LLC to file a motion to obtain a default judgment against you. If a default judgement is entered by the Court against you, Asset Acceptance LLC will be authorized to garnish your wages, take money from your bank account, collect attorney's fees and court costs, and seize your personal property.
Another important reason to respond to the lawsuit is because many debt collection companies like Asset Acceptance LLC are assuming you will not file an Answer to the Summons and Complaint. This is because the vast majority of people fail to respond. As a result, when you take the time to provide a response, it actually catches many debt collectors off guard and could even create an opportunity to reach a settlement or out-of-court resolution with the debt collector
There is a very good chance the debt claimed in the lawsuit has been packaged, sold and resold before the current debt collection agency, such as Asset Acceptance LLC, purchased it and is suing you to try and collect on it. As a result, a strategy for challenging the lawsuit is simply requesting that the debt collection company provide the original signed agreement and a balance on the account from zero to present. In many instances, the debt collection company only has a portion of the statements and likely will not have access to the original signed agreement.
As mentioned earlier, many debt collection companies (including Asset Acceptance LLC) assume most people will not actually respond to the collections lawsuit and they will obtain a default judgment. As a result, there are many instances when the debt collection company fails to actually take the time to confirm that they can legally sue you for the debt. Keep in mind that if the applicable statute of limitations has expired, the debt collector is legally prohibited from suing you on the debt. In most states, a debt collector only has a finite amount of time to sue you for an alleged delinquent debt.
If it turns out that the statute of limitations expired, you can raise it as an affirmative defense that could enable you to file a motion to dismiss the lawsuit entirely.
In addition to raising different affirmative defenses in response to the lawsuit filed by Asset Acceptance LLC, you also have the option to go on offense by filing a counterclaim against this debt collection company. A counterclaim could be pursued if the debt collector violated a provision of the Fair Debt Collection Practices Act (FDCPA).
Consumers have the right to file a lawsuit for alleged violations of the FDCPA, such as receiving collection calls before 8:00 AM or after 9:00 PM. If you prevail in this counterclaim, you could be entitled to statutory damages of $1,000, plus punitive and economic damages.
To learn more about how to effectively file a counterclaim, use the tools and resources available through SoloSuit.
SoloSuit makes it easy to respond to a debt collection lawsuit. Here is what to expect when you use SoloSuit. First, you will utilize our step-by-step web-app. This app will ask you a series of questions. 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 or debt collection lawsuit from Asset Acceptance LLC:
Best of Luck!
Here's a list of guides on How to Answer a Summons for Debt Collection in each of the 50 states.
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