January 21, 2021
Summary: Sued for a debt by Harvest Credit Management? This guide is for you. Use SoloSuit to respond in 15 minutes and win your lawsuit.
In the unfortunate event that you are served a summons an imaginary clock begins to tick off time. That 's because when there is a lawsuit filed against you, there is a limited amount of time for you to take the appropriate action as is your legal right.
If you were to receive a summons informing you that a lawsuit has been filed against you by Harvest Credit Management, time is of the essence. Without any doubt, this may feel like the time to worry but that feeling is contrary to your best interests. Because there is usually a 14 to 30 day window for you to respond to the Complaint, which is the term for the lawsuit.
As a result of the limited time afforded any consumer who is being sued, the development of a legal strategy is critical. Without one, the chance that the outcome would be in your benefit is doubtful. Upon receiving a summons, put aside the fear, cast away the feeling of intimidation. Begin gathering the necessary information on Harvest Credit Management to put yourself in the position of determining even a fraction of the outcome.
One of the most important things you can do if you find yourself being sued by Harvest Credit Management is to find out all the information you can about this company. Located in Denver, Colorado Harvest Credit Management was incorporated in 2005. The Consumer Financial Protection Bureau is a federal government agency and this is just some of the information they have on Harvest Credit Management.
They are a buyer of charged off automobile loans. When a consumer cannot make the payments on their auto loan, they risk a repossession. That is when the finance company of the auto loan has exhausted their in house collection efforts. The repo man is given the order and they will repossess the car which was the collateral of the auto loan. Once the car is repoed, it usually goes to an auto auction. Used car dealers and buy here, pay here lots go to these auctions to buy their inventory.
The amount that the car is sold at auction is deducted from the amount that the original consumer owed when they defaulted on the loan. The finance company may make additional attempts to collect that default amount but in many cases, that debt is bundled and sold off to a company like Harvest Credit Management.
As a debt buyer of charged off auto loans, there is no collateral. There isn 't any paperwork that you as the consumer signs authorizing Harvest to effectively collect on this debt. Once Harvest Credit Management owns the paper of your auto loan, they alone decide how to collect this debt.
If you were being sued by Harvest Credit Management, you may not even recognize their name. Remember, they purchase charged off debt. They may pay pennies on the dollar for these charged off auto loans. They may make cursory attempts to settle the account but if the balance due is large enough, they will file suit to collect on the debt that they purchased.
Once they make the decision to file suit, that is the time for you to take action. First of all, it is your right, secondly, you need to make sure that everything Harvest Credit is alleging in the Complaint is accurate. The courts will not allow them to simply allege anything they want. The burden of proof is on them to substantiate every allegation made on their Complaint.
No one envies a person who is being sued. It is an experience most people would do anything to avoid. Hiding from a lawsuit is just what a company like Harvest Credit wants and actually hopes you do. If you are so intimidated that you take no action, Harvest Credit Management will. They will file a motion to the court requesting a summary judgment since you didn 't even bother to respond to their allegations.
Once the court grants them summary judgement, Harvest Credit can now take action to insure they get the balance owed by you. They can and probably will garnish your wages. They can and most likely freeze your bank accounts or place a lien on your personal property. .
The important thing for you to remember is that you have the legal right to respond to this legal action taken by Harvest Credit Management. Among these rights is the right to “answer” the allegations in their Complaint. These answers are known as affirmative defenses. These responses can provide an avenue that can lead to a positive result for you. It isn 't out of the realm of possibility that Harvest Credit Management would be agreeable to a settlement.
Every person who is being sued for any reason has the legal right to answer any and all allegations when a suit has been filed against them. You can also make additional defenses known as Affirmative Defenses. A big factor in your legal strategy is to provide great.
Since Harvest Credit Management took the action of filing suit, the burden of proving every single allegation they have made is on them. When you provide Affirmative Defenses, you are requesting that Harvest Credit provide proof of the debt. They must prove that you are the person that owes that debt. They must provide proof of everything they allege in their filing.
This is your opportunity to challenge them on the accuracy of their lawsuit. If they cannot prove what they allege, the inconsistencies in their lawsuit become apparent. This can open the door to a settlement in your favor or quite possibly a dismissal of the suit in its entirety. By requesting proof to establish their basic facts is your right and as a purchaser of charged off auto loans, it is conceivable that Harvest Credit may struggle in being able to provide documentation to all their allegations.
This is why it is important to draft your “Answer” to the Complaint without delay. Because there is a limited window of time for you to respond. When Harvest Credit Management files a lawsuit they generally rely on “business records affidavits”. It is possible to raise specific defenses that could reveal the weakness in the Harvest Complaint. This is where SoloSuit can help.
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
Here 's a list of guides for other states.
Being sued by a different debt collector? We 're making guides on how to beat each one.
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