February 10, 2021
Summary: When Nathan and Nathan PC come looking for you to repay your debt, it can be a stressful situation. Avoid summary judgment by responding to lawsuits with the right affirmative defense.
If you are being sued for debt from a collector named Nathan and Nathan PC, you may be worried, stressed out, or unsure of where to turn next. Typically, this will come in the form of a summons threatening a lawsuit for debt.
This notification of a debt lawsuit can occur for various reasons. Whether it is for unpaid medical debt, credit card debt, or other forms of consumer debt. If you are being taken to court by Nathan and Nathan PC, your debt was most likely sold to this company by the original creditor.
What is important to note is that if you do not respond, matters will get worse. Your number one concern should be responding within the allotted time or attending the court hearing as requested by the court. Otherwise, it may result in a default judgment.
Lawsuits are extremely common when it comes to debt and are an effective method of persuading consumers to pay their debt. A summons will provide you with information about when you are expected in court and how you can file a formal response. Typically, you are given anywhere from 20 to 30 days to respond.
Debt collectors send you a summons with hopes that you will not attend the hearing. If you do not respond, then the judge will automatically file a default judgment. After obtaining a default judgment, Nathan and Nathan PC may be able to:
Although Nathan and Nathan PC is suing you, they are not your original creditor. This is because your original creditor (whether that is your credit card provider or a lending company) most likely sold your debt. Nathan and Nathan PC is a debt collector who most likely purchased your debt from the original creditor.
Oftentimes debt accounts are sold more than one time. This allows old debts to come back alive after many years. After you receive the summons, gather as much information as possible. Be aware that you typically have 20 to 30 days (from the date you were served) to file a response.
While you gather information, you should also try to determine if your debt is past the statute of limitations. The statute of limitations is a period in which a creditor or debt collector can legally sue you for debt. Once this period passes, the debt is considered “time-barred,” which means you cannot be sued. Despite this, debt collectors may try it. Although you can no longer be sued for a debt, it may continue to hurt your credit.
After receiving notice for a debt lawsuit from Nathan and Nathan, you need to begin by responding. If you do not respond you run the risk of a default judgment, which involves putting your bank account, wages, and property at risk. You will also lose the ability to fight the debt at all.
When you respond to the lawsuit, do not accept guilt. You should respond and request the following information, which you are legally entitled to:
Organizing your defense can be extremely complicated, so you must do your due diligence. Be aware that you may also need to pay a filing fee, but there is the option to request a fee waiver if you cannot afford it. Ask the court clerk for information on this.
Showing up for your hearing is the most important part of a debt lawsuit. This is the point where the judge will decide if you will be required to pay the lawsuit. This is also your chance to prove your defense or negotiate a deal with the creditor.
Seek out the creditor before the hearing. You have two options:
There are many reasons why you may refuse to pay a debt. There are specific defenses known as “affirmative defense” that you may use:
These affirmative defenses are a sure way to having your debt forgiven.
If you are being sued for a debt that you do not owe, or for an amount you did not agree to, then you can push back on the burden of proof. By simply asking for proof, creditors are required to bring forth the original debt contract. They will also be required to prove why they believe the amount specified. Otherwise, the case will be dismissed.
Although beating Nathan and Nathan PC may feel impossible, it isn't. If you decide not to hire a lawyer to defend you, then you will need to do your due diligence, and work to make a solid case. This might involve a countersuit, bringing forth the statute of limitations, reporting harassment by Nathan and Nathan, or simply contesting the debt. Just remember you have options, and, before you do anything else, respond to the lawsuit.
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.