February 04, 2021
Summary: If Absolute Resolutions Investments LLC is suing you for a debt, use SoloSuit to respond in 15 minutes and win your lawsuit.
If you have been served or brought to court by Absolute Resolutions, you need to fight it. Although this might be a frightening time, the worst thing you can do is to ignore the lawsuit. Read on to learn how to beat Absolute Resolutions Investments if they have brought a judgment against you in court.
Absolute Resolutions Investments LLC is a debt buying and collection company. Although they're a debt collection company, there are a few main attorneys on most of Absolute's debt-collection lawsuits.
These lawyers include Joe Jammal, Preston Nate, and Joshua Stiers. They specialize in suing people like you in debt-collection lawsuits. When you receive Summons, you should look for their names.
Typically this company files collection lawsuits under the name Stenger & Stenger, P.C. Lawsuits. Note that Absolute Resolutions Investments are often filed without the proper assignment or title paperwork. This means they are unable to prove their case. And you have the opportunity to win in court.
The first step to take when it comes to a lawsuit in an attempt to collect a debt is to simply answer. It is very important to avoid admitting liability for the debt. You always want to force Absolute Resolutions to prove your responsibility.
Be sure to file your response with the Clerk of Court and ensure you hold onto a stamped copy. You should then give this to your lawyer who will send your certified response to Absolute Resolutions.
If you do not file a response, then you risk a default being filed against you. This essentially means that they can garnish your bank accounts or paycheck. It is important to avoid a default at all costs. During a default, you can lose your case regardless of the proof that they hold against you.
The next step is to ask for “burden of proof.” As a company, Absolute Resolutions has a reputation for improperly holding proper recording data. If you do not bring this up to the court, then they most likely will allow the debt to be collected.
You want to cover three main points when asking for burden of proof:
If Absolute Resolutions is not able to acquire documentation and evidence that you did sign for the debt, you can use this to settle or eliminate your debt in court.
The statute of limitations governs how long creditors can bring a lawsuit against you regarding a debt. The rules are different according to different states but often lasts between four to six years.
The statute of limitations will typically begin on the last day that you were active on the account of the debt. If you make a payment or increase your debt on an account, the statute of limitations can start all over again.
Don't make any payments on an account should there be a lawsuit against you. If you do, you run the risk of missing out on utilizing the statute of limitations in your defense.
If you are brought to court by Absolute Resolutions and they are not able to provide proof of your debt, then the next step is to file a counterclaim. Because your debt may have been bought and sold by different entities, this proof is often lost. Your counterclaim in this instance will essentially state that Absolute Resolutions did not properly file against you.
Another opportunity for a counterclaim exists if Absolute Resolutions violates the Fair Debt Collection Practices Act.
Your counterclaim will state that there is no legal standing to sue you, thus stating they broke the law. If your counterclaim is accepted, then you will be entitled to money damages, as well as coverage for attorney fees and costs. This will also eliminate the debt against you in full.
If you decide to file a counterclaim related to a violation of the Fair Debt Collection Practices Act, you will need to confirm their actions were unlawful.
Violations of the Fair Debt Collection Practices Act include the following:
Although your counterclaim may be accepted, you still may be liable for some portion of the debt. If you do not have a counterclaim, or it was not accepted, then you will need to make a decision.
At this point, you will have two options: decide if you would like to fight the case and pursue a settlement, or pay the debt in full. Fighting the case means you may be able to settle for less than the amount of your debt. Most often it is smart to settle while you can, rather than pay your debt in full.
If you're brought to court by Absolute Resolutions Investments, it isn't time to panic. It's time to get smart. Respond to the debt collector, examine your ability to counterclaim, and understand your rights. This will let you pursue the appropriate action when fighting your debt in court.
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.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.