May 07, 2021
Summary: Is Scott Parnell and Associates coming after you for an old debt? Find out how to beat debt collection agencies in court when you use the right defense.
If you have received calls, letters, or any other notification of a lawsuit from a debt collector, you might not know what steps to take. Especially when a well-known debt collector such as Scott Parnell and Associates is pursuing you. These are things that most people would prefer not to deal with, but they are entirely too common.
If you are being pursued by Scott Parnell and Associates in court, then you may have been approached with negative language, threats to your wages, bank accounts, and other assets as well. Although you may look to ignore these issues, this is not the best course of action.
Understanding what happens when being taken to court by Beat Scott Parnell and Associates can allow you to know what to do, and what steps to take. You must legally defend against a debt lawsuit to beat it.
Scott, Parnell and Associates, PC is formerly known as Michael J. Scott P.C. This is a Texas-based collection law firm. Although they are a group of lawyers set up as a law firm, they also routinely file collection lawsuits for creditors.
The worst mistake that you can make when it comes to a debt lawsuit is ignoring it. Especially if you are being pursued by the relentless Scott Parnell and Associates, you must respond to the notice. This will always arrive in the form of a summons and complaint.
If you do owe the debt, but believe that you are unable to pay it, then there are a few different options you can take. Despite this, if you fail to respond, Scott Parnell will be awarded a default judgment against you. Default judgments allow debt collectors to use garnishment to take money directly from your bank account. This is something you want to avoid.
After Scott Parnell and Associates take you to court, you will no longer be able to respond by phone or by letter. You can only respond with an “answer.” When submitting your answer, always include the following:
The best way to respond to a debt lawsuit is to challenge the right to even file the lawsuit. Because Scott Parnell purchased the debt from an original creditor or loan officer, your debt has been sold at least once, maybe twice, or more. Oftentimes paperwork is lost in translation, which means they may not have the legal proof that they own your debt. Especially when it comes to older debts, this chain of custody may not be available.
If you do not respond then none of this matters, but if you ask for documentation in writing, you may be able to avoid the lawsuit altogether. Be sure to request the following:
When being used for debt, the “burden of proof” is a responsibility held by the collection company that is suing you. This means that Scott Parnell will need to prove that you are responsible for the debt, they can legally sue you for it, and the specific amount that you owe.
Sometimes even if you do owe on a debt, a debt collector may add additional costs and fees to your total. This may result in an astronomical amount that you never agreed to. In this case, you may ask for proof of:
This is an extremely important step that most consumers do not take. The statute of limitations governs how long a creditor or debt collector may legally sue you for debt. The rules of the statute of limitations vary in each state.
For example, the statute of limitations on debt in Texas (the state where Scott Parnell and Associates is from) is four years. This means that after four years, you may not legally be brought to court for a debt. This amount of time ranges in each state but typically lies within three to six years.
It is important to understand that any activity on your account will restart the statute of limitations. This means if you make a payment or use the credit line, it will restart the statute. Scott Parnell may push you to pay even a small amount on your debt to restart the statute of limitations. This is a tactic and should not be entertained.
The Fair Debt Collection Practices Act is a protection measure for consumers. This act prevents third-party debt collectors (such as Scott Parnell and Associates) from harassing you in any way. These rules also prevent debt collectors from calling you at odd hours, discussing your debt with anyone other than your spouse, and using threatening language. If these rules are broken, Scott Parnell can be sued for your legal fees, and maybe even be forced to drop the lawsuit.
Being sued for debt by Scott Parnell and Associates is never fun, but you do have options to respond and challenge the lawsuit. Whatever decisions you make be sure to keep an eye on your credit score, and attempt to pay a debt that is negatively impacting it. Your financial history continues to develop your entire life, now is the time to fix it.
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.