George Simons | July 21, 2022
Summary: If you've been sued by Mountain Land Collections, use SoloSuit to respond in 15 minutes and win your lawsuit.
If you are being pursued by a debt collector like Mountain Land Collections, you may be feeling stressed out and anxious about the future. If that was not bad enough, there is a good chance you will get served with a collections lawsuit. If you find yourself in this position, your mind is probably flooded with questions, most importantly, “What can I do to beat Mountain Land Collections in court?” SoloSuit is here to help. The information below provides key tips to help you fight and defend yourself against Mountain Land Collections in court.
If you get served with a Summons and Complaint by a representative of Mountain Land Collections, it is critically important to respond to the lawsuit and your response needs to be filed in a timely manner.
One of the most common mistakes people make when they are sued by a debt collection company is failing to 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 Mountain Land Collections. 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 allow the debt collection company to obtain a default judgment against you. If a default judgment is entered against you, Mountain Land Collections 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 that many debt collection companies like Mountain Land Collections 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 Mountain Land Collections, 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 Mountain Land Collections) is assuming 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 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 to lawsuit entirely.
In addition to filing different affirmative defenses in response to the debt collector's lawsuit, you also have the option to go on offense by filing a counterclaim against the debt collector. 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 Mountain Land Collections:
Best of Luck!
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