January 21, 2021
Summary: Sued for a debt by RSIEH? This guide is for you. Use SoloSuit to respond in 15 minutes and win your lawsuit.
If you have been served with a lawsuit from RSIEH (Raush, Sturm, Israel, Enerson & Hornik, LLC), do not panic. This might seem like a scary time, but you do have the option to fight it.
The first mistake that many people make when being sued for debt is to ignore it. Whether this is because they assume they will lose or simply do not have the money, this is always a bad idea. If you do not fight the lawsuit, then you will automatically default and lose your case. Instead, fight the lawsuit, and give yourself a fair chance to reduce or eliminate your case.
RSIEH is an LLC lawfirm. Commonly known as “Rausch Sturm, RSIEH stands for “Raush, Sturm, Israel, Enerson and Hornik”.
Although this company presents itself as a brand that helps people that fall behind on their debts, they act as a buy of debt primarily. In addition, RSIEH LLC performs debt collection work, representing financial institutions and creditors for the last 40 years.
If you have received a letter from RSIEH, it means that a bank or creditor has stated you owe a debt. This means that now is your chance to prove yourself and win your case against RSIEH.
If you are worried about going to court and fighting a lawsuit, this is normal. If you have never stepped foot in a courtroom, then it can be an emotional experience. Despite this, we cannot stress how important this is. Most debts can be easily fought and then either eliminated or reduced. Do not risk losing your case because you are scared.
Often if you have an old debt, it has been purchased, sold, and turned over by multiple companies. This means that by the time it reaches the desk of RSIEH LLC, it will have been in the hands of many other companies.
What this means for you is that they may not have any evidence or proof of how you acquired the debt. If you send the letter within 30 days of getting the debt notice, then they legally must send you written verification of the debt. If they do not have a contract or receipt for how the balance was calculated, then they cannot prove that the debt belongs to you.
The bottom line is that if they cannot prove that you agreed to take on the debt, they cannot legally pursue you for the payment. This means that the first words out of your mouth should always be “show me the evidence of my debt.”
Similar to needing evidence to pursue a debt, the same goes for the statute of limitations. After a certain amount of time has gone by, the statute of limitations will have expired. This leads to another reason why RSIEH cannot legally enforce you to pay the debt.
The day you fail to make a payment on a debt is the day your statute of limitations begins. This means that you should not make any payment on a debt, nor admit guilt, after being served. If you do, the statute of limitations will start over again.
Once the statute of limitations is over, the unpaid debt is considered “time-barred.” This is a great defense option when fighting RSIEH. You may need to bring this up in court during your lawsuit.
If your debt is time-barred, you have two options:
Be aware that although your debt may be time-barred, you still need to respond. In this case, if you ignore a lawsuit, the collector then may be able to obtain a court judgment and garnishment against you. If you go to fight RSIEH in court and tell the judge the debt is time-barred, then you have a better chance of winning your case and avoiding the debt.
The FTC, known as the Federal Trade Commission, enforces the Fair Debt Collection Practices Act (FDCPA). This act makes it illegal for debt collectors to abuse you, and use unfair, or deceptive practices when they collect debts.
Debt collectors may not:
If RSIEH breaks any of the practices within the FDCPA, you can sue them in either a state or federal court. This can be done within one year of the date the law was violated. Suing means you can get back damages, which includes lost wages and medical bills. If you can not prove damages, then you may be awarded up to $1,000, as well as reimbursement for any attorney 's fees and court costs.
If RSIEH is suing you for a debt, know your rights, and always respond. Be sure to request evidence of your debt because you never know what they hold and do not hold in terms of proof.
"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.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.