Don't let creditors make your funds disappear.
Summary: Not sure why you're being sued by Pinnacle Collections Agency? Stressed out about it? You can beat them in court if you pick the right defense.
Being harassed by a debt collector like Pinnacle Collections Agency is stressful, frustrating, and all-around unpleasant. Why? Because Pinnacle, and many other large debt collection agencies, will typically utilize unethical and inappropriate tactics in an attempt to “persuade” you (meaning they try to intimidate you) to pay back the amount you allegedly owe.
To get you to pay, Pinnacle Collections Agency will likely call you on the phone throughout the day, attempt to contact you via social media, and/or send threatening letters or making false promises.
The Troubling Reputation of Pinnacle Collections Agency
Pinnacle Collections Agency is notorious for using aggressive and highly questionable tactics to try and collect outstanding debts. The agency operates out of Southern California and is the subject of numerous consumer complaints alleging serious violations of the Fair Debt Collection Practices Act.
For example, consumers have reported that collectors with Pinnacle have utilized communication tactics that violate federal law and have even tried to collect on debts that weren't owed. If you have been contacted by Pinnacle, understand your rights before responding.
If you've received threatening phone calls and/or letters from Pinnacle Collections Agency or were served with a debt collection lawsuit filed by Pinnacle, do not give up hope. Instead, you should take action and access the resources provided by SoloSuit. Our mission is simple - help people being subjected to harassment by debt collectors and collection lawsuits.
To help consumers, we invested the time to compile relevant information that is intended to help demystify the complex process associated with lawsuits filed by debt collectors. When you are empowered with this information, you will know what to expect and what steps need to be taken to protect your rights against a debt collection company like Pinnacle Collections Agency.
Respond to debt collectors in 15 minutes with SoloSuit.
Understanding Your Rights When Contacted by Pinnacle Collections Agency Demanding Repayment for a Debt
Pinnacle Collections Agency is known for routinely attempting to take advantage of people by preying on their lack of knowledge related to the legal rights afforded under the Fair Debt Collection Practices Act. The FDCPA codified specific rules and regulations governing the conduct of debt collectors. Some of the statutory restrictions placed on debt collectors include:
- A Pinnacle debt collector cannot contact you at work;
- A Pinnacle debt collector cannot use offensive language when speaking to you over the phone or in correspondence;
- A Pinnacle debt collector cannot threaten you with legal action; and
- A Pinnacle debt collector cannot contact you at your home before 8:00 A.M or after 9:00 P.M.
How to Defend Yourself If You are Sued by Pinnacle Collections Agency in a Debt Collection Lawsuit
If you are served with a debt collection filed by Pinnacle Collections Agency, it is extremely important to be proactive and respond to the lawsuit. Do not make a mistake that is, unfortunately, quite common among consumers being harassed by debt collectors - ignoring the lawsuit and hoping it just goes away.
The lawsuit will still be there, even if you decide to throw the Complaint in the trash. If you ignore the lawsuit, it simply means you are raising the proverbial white flag and letting the debt collection company win. Do not make this mistake.
Here are some helpful tips when crafting your Answer to the lawsuit:
- Do not admit or indicate any liability for the alleged debt. Why? Because Pinnacle bears the legal burden of affirmatively establishing that you owe the outstanding debt.
- File your Answer with the Clerk of Court on time (in most collection cases, an Answer needs to be filed with the Court between 20 or 30 days after you were served with the Complaint).
- Mail a copy of your Answer that was stamped by the Clerk of Court to Pinnacle Collections Agency.
Effective Affirmative Defenses to Raise in Your Answer
When responding to Pinnacle's debt collection lawsuit, you are allowed to highlight some of the serious deficiencies and problems with the allegations leveled in the Complaint. Also, as mentioned earlier, debt collectors carry the legal burden to establish that you owe the amount claimed in the Complaint. This means the debt collector needs to establish the following before you could be deemed responsible for the debt:
- The debt collector possesses the legal right to sue you;
- You are the actual individual responsible for the debt; and
- You owe the specific amount listed by Pinnacle Collections Agency in its Complaint filed with the Court
If Pinnacle cannot meet these prerequisites, there is a good chance you will prevail in Court and could potentially get the lawsuit thrown out.
Depending on the facts of your particular case, you may want to consider arguing that the debt collector failed to file the lawsuit within the applicable statute of limitations. You may be asking, “What is a statute of limitations?” Well, the statute of limitations is essentially the amount of time someone has to file a lawsuit against another person or company.
If the facts of the case indicate that Pinnacle sued you for a debt where the applicable statute of limitations expired, then you could file a motion to have Pinnacle's lawsuit dismissed with prejudice.
In addition to the statute of limitations as a way of defeating Pinnacle, you should also consider filing a “Countersuit” or “Counterclaim” if you have evidence that Pinnacle Collections Agency violated a provision, or potentially multiple provisions, of the FDCPA. If you have evidence that Pinnacle violated the FDCPA, you could be eligible for compensatory damages and reimbursement of your legal fees.
Make the right defense with SoloSuit and win in court.
What To Do If You are Taken to Court by Pinnacle Collections Agency
Here is an overview of what you need to do if Pinnacle Collections Agency files a debt collection lawsuit against you:
- Take note of any phone calls made before 8:00 A.M. or after 9:00 P.M, any phone calls made to your place of work, and any use of vulgar or inappropriate language.
- Make sure you file your Answer within the timeframe provided by the Court.
- In your Answer, consider raising one or more affirmative defenses like the statute of limitations. You should also demand that Pinnacle provide actual proof of the specific amount owed and that you are the person responsible for paying the amount allegedly owed.
These are strategies you can use to defeat Pinnacle Collections Agency in court. Also, you should consider filing a countersuit or counterclaim for any violations of the FDCPA.
What is SoloSuit?
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.
Respond with SoloSuit
"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
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
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