Melissa Lyken | July 21, 2022
Summary: Are you being sued by Michael J Adams PC for an outstanding debt? Learn all you need to know about responding to debt collectors and making a defense to win in court.
The recent COVID-19 pandemic has left many people unemployed, and others have experienced significant salary cuts. The economic turmoil has also caused many borrowers to default on loan payments, leaving them at the mercy of debt collection agencies and law firms, including Michael J Adams PC.
If one of their representatives has been hounding you with calls, texts, and emails, chances are you are going to be slapped with a lawsuit soon. Knowing how to defend yourself against a debt lawsuit is critical, so read on!
Michael J Adams PC is a debt collection law firm that helps creditors collect a debt. The firm is based in San Antonio, Texas, with lawyers initiating litigation and executing judgment against debtors who have defaulted on payments.
Michael J Adams PC prides itself on firm debt collection policies and the vast experience that ensures clients benefit from its well-thought-out business decisions. The firm has represented renowned creditors, including GE Money Bank, Try Capital LLC, American Express Bank. If Michael J Adams PC is suing you, see below for ways to beat them in court.
The most common mistake debtors make when sued is to ignore the summons and complaint. However, if you owe a debt or have been sued in error, its vital to respond to the allegations.
The debtor must file a response with the clerk of court within 20-30 days. Debtors can respond to the lawsuit in either of the following ways:
An answer is a written response to the statements in a complaint that confirms whether you deny, admit, or are not knowledgeable regarding the plaintiff's assertions. You shouldnt admit to the statements if you disagree with them. For example, if youre unsure about the amount owed or the account number listed for the credit card number, your answer should state that you disagree with the allegations.
Filing a response on time ensures that you retain your rights to argue the matter in court and to obtain a notice of future hearings. Be sure to send a copy to the Michael J Adams PC representative and keep a copy for reference.
A Notice of Appearance is a response that states your intention to appear in court. Delivering a notice of appearance prevents the court from entering a default judgment without a hearing. Unlike filing an answer, a notice of appearance does not explain your position regarding the lawsuit.
Buying, servicing, and selling of debt is so common that the original creditor rarely holds debtors accounts for long. Creditors must also enlist debt collection law firms as their last resort when agencies cannot collect the debt.
This means that Michael J Adams PC is unlikely to have the original contract you signed with the creditor. According to the Fair Debt Collection Practices Act (FDCPA) and state debt collection statutes, if a debt collector or collection law firm sues you, it must:
If it can't provide either of the documents, the court may dismiss the case. Alternatively, you can ask the court to require the debt collection firm to provide the missing documentation. This is called requesting a more definite statement. Debtors are required to file a formal motion with the court in either of these scenarios.
Its important to note that you must request that the firms representative sends the proof within 30 days of receiving the debt's initial written notice. Once the law firm gets the letter, it must:
The good news is that theres no time limit for the law firm to respond. As such, if a year passes without the debt collection firm showing proof, they cant resume the lawsuit or write to you demanding payment.
If the debt collection firm fails to provide proof of assignment and continues to demand payment, you can file a counterclaim in a state or federal court. Some states allow debtors to counter sue for damages against the creditor for failing to verify the debt. If successful, you get $1,000 for every lawsuit and are compensated for court costs, attorney fees, and damages.
Payment makes an excellent defense in any debt collection lawsuit. It is still a valid defense if you paid a different party, such as the original creditor after your name has been forwarded to Michael J Adams PC. If the creditor hasn't alerted the law firm and youve been sued, you can assert payment as a defense. The amount can be in part or in full.
This is a valid defense if the debt for which youre being sued isn't yours. Mistaken identity occurs when the debt collection law firm mistakes you for someone else with the same name or other identifying information.
Identity theft happens when a person steals your name and personal information to open credit accounts in your name. Since the onus of proof lies with the plaintiff to prove that you owe the debt, you can deny the charge based on either of these defenses.
The debt may be too old to be enforced. According to state law debt, collectors and law firms have a limited time to file lawsuits against debtors. The period varies by state ranging from three to twenty years.
If the statute in your state is five years for your debt and this time has elapsed, the statute of limitations is a valid defense. You should avoid making payment before the period lapses as it resets the time all over again.
If Michael J Adams PC is suing you, you do not have to be intimidated. Make sure you file your answer on time to avoid a default judgment. You can use any of these defenses when responding to a lawsuit for nonpayment of debt, and it always pays to consider hiring a lawyer to assist you with navigating these defenses if you have the funds to do so.
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.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.