Debt collectors will take what's yours without hesitation.
Summary: Got MSW Capital LLC after you for an old debt? Worried they'll take everything you've got? Learn how to stand up against MSW Capital and win in court.
If MSW Capital LLC has contacted you about an unpaid debt or you have been served with a debt collection lawsuit by this agency, do not throw your hands up in despair. You have certain legal rights and protections when being contacted by a debt collector or when sued by a debt collector in court.
Who Is MSW Capital LLC?
MSW Capital LLC is a third-party buyer of a defaulted debt. The agency takes up the responsibility of following up on debt defaulters to pay off their debts.
If you receive a lawsuit from MSW Capital LLC, do not ignore it. If you do, you will automatically allow the case to be decided in favor of the agency. This article helps you discover how you can defend yourself in court against MSW Capital LLC.
MSW Capital LLC has been listed as a “financial planning consultant” by the Better Business Bureau since 2013. There is very little information about the company, although it is well known for debt collection judgments against consumers.
MSW Capital LLC secures court orders on unpaid debts. The company then hires other debt collection law firms to enforce the court orders. Most debt collection firms use aggressive debt collection tactics against the Fair Debt Collection Practices Act (FDCPA). Once you learn about the legal requirements of the FDCPA, you may use any violations of these requirements as a defense in court.
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Use FDCPA Violations to Beat MSW Capital LLC in Court
The FDCPA rules are just as important as any other debt collection statute. If your debt collector violates any of these rules, you can build up a case against them to claim victory in court. Here is what you need to know about FDCPA rules and how to use them to your advantage.
Get Every Communication in Writing
Many debt collection agencies misrepresent information as a tactic to push the debtors into honoring their debts. Some claims are often made through a phone call.
As a result, it is difficult for a debtor or court to hold debt collectors accountable for undocumented claims. You must request the collection company to make every claim in writing. FDCPA requires that official communication from the debt collectors be done through the U.S mail system.
You have a right to ask MSW Capital to mail you an official communication. If they ignore, you may be able to defend yourself in court, citing their lack of response.
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Ask MSW Capital to Provide Proof of Debt
MSW Capital buys charged-off debts that may have lost track of the details of the debt, especially if the debt has moved from one collector to another. You may challenge MSW Capital to disclose more information, such as the original creditor, the amount owed, the procedure for disputing the debt, and proof that the debt has not been cleared.
If they do not provide those details within 30 days, you can dispute the debt claims. MSW Capital LLC cannot pursue your case and use any debt collection tactics against you until they provide the requested information.
If they ignore your request and go ahead with filing a lawsuit, you can file a small claim action against them in a state court. You will need to provide the following evidence for your case:
- A mailed letter to MSW Capital LLC requesting the information
- Proof that the letter was delivered to MSW capital and received
- Failure by MSW Capital to provide the information within the stipulated 30 days
The FDCPA Protects You From Aggressive Debt Collectors
The Fair Debt Collection Practices Act (FDCPA) is a federal law establishing what debt collectors can, and cannot, do in their efforts to recover on a debt. For example, the FDCPA states that debt collectors are not allowed to harass debtors or use any unfair means to collect their debt.
Unfortunately, many debt collectors are notorious for ignoring the rules and regulations outlined in the FDCPA. This is why you need to gain an understanding of your rights and protections under this federal law.
- Making calls to you while at work if your employer does not allow calls during working hours
- Making calls to you at odd hours
- Talking to another person other than your lawyer or spouse about your debt
- Threatening to arrest you if you fail to pay the debt
- Threatening to seize your property if you fail to pay unless they have a warrant
- Using obscene language and threats against you
- Stating a different amount of the debt other than what you owe
- Making any false allegations about the debt
If MSW Capital violates any of these guidelines, you can use it as evidence in your defense in court within one year. The violation does not count as evidence after one year.
A successful ruling may have you compensated for damages. If there is no proof of damages, you may be awarded up to $1,000 and any court and attorney fees reimbursed.
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How the Statute of Limitations Can Work in Your Defense
The statute of limitations is the period within which a creditor can file a lawsuit for defaulted debt payment. When this time elapses, the debt collectors are not allowed to file any lawsuits regarding the debt.
Different states have different statute limitations that differ by type of debt and agreement (whether in writing or verbal).
The statute of limitation period starts to count from the date a debtor defaults payment. If you decide to make a late payment of the debt or pay after pleading guilty in a lawsuit, the statute of limitation period starts over.
The debt becomes time-barred once the statutory period expires. Even though you know that your debt is time-barred and you can prove it, it is still a good idea to reply to a lawsuit from MSW capital LLC regarding your debt.
You will then use evidence of time-barred debt as your defense. If your debt is deemed as time-barred, you can make one of the following two choices:
- Enter a debt settlement agreement with MSW Capital if you wish to be clear of debts
- Pay nothing at all. However, MSC Capital will continue to pursue you for the debt until you stop them by sending them a letter to end the process.
What to Do If You Are Sued by MSW Capital LLC
We've covered a lot here, but here's a quick overview of what to do if you get sued by MSW Capital LLC and how you can beat them in court:
- Take careful notes when you receive phone calls before 8:00 am or after 9:00 pm. Debt collectors are prohibited from calling you before or after regular business hours. They also cannot call you at work or use foul language.
- Be sure to file an Answer to the debt collection lawsuit within the proper time frame.
- In the Answer, you should consider raising at least one affirmative defense, such as the company violated the FDCPA. Also, demand that ERSolutions prove that you owe the amount they say. They also need to prove you are the person who owes the debt.
- Consider filing a counterclaim if you think they violated the FDCPA.
These are effective methods for how to beat MSW Capital LLC in court.
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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