George Simons | October 19, 2022
Summary: Being sued by a debt collector like Amcol Clmbia is a stressful situation to be in. Learn your rights and how to respond to the lawsuit. Use the right defense and you might not have to pay anything at all.
Are you being sued by Amcol Clmbia for an unpaid debt? If so, you might be feeling troubled by your coming court date. This is understandable, but you must stay calm and follow the proper steps to ensure the best outcome.
Any time you are facing legal ramifications from a debt collector, you have rights that you might not be aware of. Many people think that they have no recourse over such matters and simply give in.
As you will soon learn, you can beat companies like Amcol Clmbia in court and get out of having to pay the claimed debt.
It's always a good idea to know what you're up against. Having a better understanding of who is suing you will make it easier to prepare yourself for the coming court date. Amcol Clmbia, also known as Amcol Systems, operates out of Columbia, South Carolina.
The company specializes in collecting debt in South Carolina on behalf of hospitals, physicians, and other entities in the healthcare industry. Amcol Clmbia either purchases debt from the aforementioned groups directly, or those groups hire them after failed attempts to collect a debt from you.
If Amcol Clmbia is able to collect the outstanding debt from you, your original creditor will then pay Amcol Clmbia for their effort.
Because there is such a large volume of healthcare debt, providers sometimes choose to cut their losses and sell the outstanding debt to debt collection agencies for pennies on the dollar. So when a company like Amcol Clmbia is successful in collecting debt that they have purchased, they often make a sizable profit.
But therein lies the potential for you to beat Amcol Clmbia in court. Let's turn our attention to how this can be done so you're better prepared to face your creditor at your hearing.
The first thing you need to do is request that Amcol Clmbia send you documentation of the debt in question. If everything works in your favor, this first step could end up being the only step and could seal your victory over Amcol Clmbia.
Whenever a debt collection company purchases debt from the original creditor, it's often in large bulk amounts. This allows the collection agency to get a bigger discount on the debt they are buying.
But in doing so, it sometimes means that the collection agency doesn't have the original healthcare bill with your signature on it. As such, requesting the original document from Amcol Clmbia could prove challenging for them, if not downright impossible.
Depending on how Amcol received their bulk debt, they may very well not be able to produce the original documentation with your signature on it. But to ensure this, you first need to send them a Request for Production of Documents.
It's important to send this request by certified mail so that you can prove that you did indeed ask for the original document. You should also send this information to the judge, as well, as it will show that you are denying the claim and taking the appropriate steps to absolve yourself.
If Amcol Clmbia can produce the original document, you might have no other recourse but to admit that the debt is yours and pay it. However, there's a very good chance that they won't, so it's important that you send this request.
What's more, it's not uncommon for debt collection agencies to try to get other people to pay debts that aren't don't belong to them. Sending a Request for Production of Documents will show the collection company that you know your rights and aren't going to be intimidated by their tactics.
In South Carolina, you have 30 days to send this request after being notified of the debt. After Amcol Clmbia receives your request, they then have 30 days to respond. If they do send you documentation in return, you should be able to tell whether it truly belongs to you.
It's important to know how to handle yourself in court. First of all, never miss your court date if your case goes the distance. Doing so is essentially the same as admitting that the debt is yours, and the judge will have no choice but to award victory to Amcol Clmbia.
If Amcol Clmbia is unable to produce the original documentation, there's a chance that they won't show up, whereby you will be the one awarded the victory. However, it's more likely that Amcol Clmbia will try to show other documentation instead.
The thing is, though, that they have to be able to produce the original unless you aren't on your toes and fall for their tactics in court. Many people make the mistake of admitting the debt is theirs after being shown every document but the original.
Never do this.
Stay on your guard and refute all evidence presented to the court. Unless Amcol Clmbia has the original bill from the original creditor with your original signature on it, you don't have to admit to anything. All other evidence is heresy in the eyes of the court. But you need to be aware of this, so you don't play into Amcol Clmbia's hands.
One of the best things you can do is to hire legal representation. Even if you believe that you are in the right, a qualified debt lawyer can help you stay on course throughout the legal proceedings.
If you are unable to afford an attorney, you will want to be 100% that you are capable of standing your ground in court. This means following the above steps to the letter so that you are armed and prepared.
If you're sure that you don't owe the debt in question, keep your cool, request to see the original signed medical bill, and don't accept anything to the contrary. If you play your cards right, you can walk out of your court hearing the winner and won't have to pay Amcol Clmbia.
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.
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Need more info on statutes of limitations? Read our 50-state guide.
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