February 12, 2021
Summary: When you're sued for debt, you don't have time to waste. If Cerastes LLC is coming after you for debt collection, make a defense fast with SoloSuit.
Millions of Americans are pursued by debt collectors daily. This process is frustrating, stressful, and most Americans simply choose to ignore it. Unfortunately, ignoring a debt collector or debt collection lawsuit is the worst choice you can make. By ignoring a lawsuit you will automatically receive a default judgment on your debt, which can lead to wage garnishment, having your bank account frozen, as well as compounding interest and fees.
If you are being pursued by Cerastes LLC in court, then you have options. Not only should you respond to the debt, but you should work to beat them in their case. Let's examine what steps you should take to beat Cerastes LLC in court.
Cerastes, LLC states that they manage “recoveries on portfolios of charged-off consumer receivables by strategically placing the portfolios with properly licensed collection agencies and law firms.” This means that Ceretes LLC essentially buys your debt, and they may sell it to another company, or seek a judgment to collect on.
After a judgment is obtained, if you do not pay it, you run the risk of Cerastes LLC seeking a percentage of your wages through garnishment, and even freezing your assets. That is why it is best to avoid a judgment altogether, by beating Cerastes LLC in court before it gets to that point.
It may be tempting to avoid responding to a debt lawsuit, but it is incredibly essential to do so. If you do not respond then you have no hope of fighting it. You must respond to have hopes of beating Cerastes LLC in court.
Typically you will receive notice of the lawsuit in the form of a summons. This will be served to you. Once the lawsuit is filed you must submit a paper copy response called an “answer.”
You should remember a few things when responding to the lawsuit:
When asking for proof you are essentially challenging the right of Cerastes LLC to be sued. Typically because Cerastes LLC is a debt-buying firm, your debt has most probably been sold more than once. This means that there may not be proof of the original credit agreement, or documentation of all hands the debt has passed through, which would force the case to be dismissed.
When you are served with debt from Cerastes LLC they take on what is called the burden of proof. This means they will be required to prove:
Requiring proof of the amount you owe is an essential step in defending yourself against a collection lawsuit. Your goal is essentially to demand that they account for each dollar they are requesting you. This includes:
Oftentimes the statute of limitations will be anywhere from four to six years. This varies by state, but if your debt has passed this time, then you are not legally liable for the debt any longer. You must understand any activities on the debt will restart the statute of limitations.
Activity on a debt includes:
This makes it essential that you do not make payments on an account if you are in debt. Some collection agencies such as Cerastes put a lot of effort to collect even small amounts of the debt in hopes to extend the timeline and file a suit in the future.
The Fair Debt Collection Practices Act(FDCPA) exists to protect consumers from unfair debt collectors and their actions of harassment. If necessary, you can file a countersuit stating how Cerastes has violated the FDCPA. This may force them to back off on their case, or compensate you for related damages to cover your debt.
If you owe a debt and truly cannot pay it, you may consider filing bankruptcy. Although this should always be a last resort, it can help you if you are suffering multiple forms of financial distress.
Fighting a debt in court may seem intimidating, but it is an essential part of moving on with your life. Whatever decisions you make about fighting your case against Cerastes LLC, be sure to respond, and look for any legal loopholes. This will allow you to settle your debt and move on with your life.
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.
Is your credit card company suing you? Learn how you can beat each one.
Being sued over an auto, home, personal, or student loan? Find out how to make a solid defense.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.