February 10, 2021
Summary: Don't panic if you're sued by Persolve LLC. Find out how you can file a response and make your defense with SoloSuit.
If you are being sued for a credit card or loan debt, you may be deflecting calls from creditors or even a debt collection agency named Persolve LLC. Persolve is a debt collector. This company primarily purchases credit card, household, and consumer debts. They have been in business since 2006. Let's explore your options if you are being sued by Persolve LLC.
The best piece of advice to beat Persolve LLC is to respond to their lawsuit or summons as soon as possible. If you do not respond to the lawsuit, you will be served with a default judgment. This means that Persolve will win the case by default, and essentially forces you into paying the debt.
Default judgments lead to wage garnishment and bank account seizure, which is not something you want to get into. This can lead to your employer withholding up to 25 percent of your paycheck!
Filing a written response within 30 days offers you the opportunity to respond and attempt to negotiate. Remember the following:
The best way to respond to a debt lawsuit is to require proof that Persolve LLC has the right to sue you. Because Persolve purchased your debt from a creditor or bank at one point, you have no idea how many hands it passed through.
This means that sometimes there is no proof of the original debt. If you require Persolve to show you proof of your original debt, and they cannot produce it, then they are not entitled to your payment.
When you request proof, Persolve LLC must provide:
If they cannot provide these documents, then you may have a chance of having your lawsuit dismissed.
The statute of limitations governs the amount of time that a lawsuit can be brought forward in terms of debt. Most often the statute of limitations extends up to six years, but it varies from state to state.
Be sure to note that the date of your statute of limitations starts on the last day you were active on an account. This means that once you are served with a debt lawsuit, avoid paying on it any further. If you pay on the debt, the statute of limitations will start all over again.
The Fair Debt Collection Practices Act protects consumers from harassment or other unfair practices by debt collectors. If Persolve has engaged in any of the following violations, you may be able to file a counterclaim. The counterclaim will allow you to seek compensation for any related damages.
These violations might include:
Although completely illegal, debt collectors do sometimes attempt to use these scare tactics. They may think you do not know your rights, or that it will push you into paying the debt.
Understand that if you are being sued for a debt, you have options. Being served by Persolve LLC is not the end of the world. Be sure to respond and get all of your documentation in order. If you can prove that there is no legal documentation of your lawsuit, the statute of limitations has expired, or that Persolve has acted in violation of the FDCPA, you may have a fighting chance of beating Persolve 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.