What to Do If You've Been Sued by Hollis Cobb
Chloe Meltzer | October 19, 2022
Use the right defenses to keep debt collectors at bay.
Summary: Are you being sued by Hollis Cobb Associates for an old debt you'd forgotten? File a response quickly and win your case in court.
If Hollis Cobb Associates is calling you or you received a summons in the mail, then there are a few things you need to know. Debt can overwhelm you when you least expect it. One day you may be easily paying down the principal on your credit cards, student loans, and mortgage, while the next you lose your job due to an accident or other reasons.
When this happens, debt can accumulate, and the next thing you know, debt collectors are calling. This is when things turn south, and you may be sued by Hollis Cobb. It is important to note that debt collectors are not legally permitted to be abusive and harassing during the collection process. Their actions are regulated by the Fair Debt Collection Practices Act, and you need to be aware of your rights.
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Understanding the Fair Debt Collection Practices Act
This consumer protection law is enforced by the Federal Trade Commission. The FDCPA makes it illegal for a third-party debt collector to attempt to collect a debt in an unfair or harassing way. The following are banned under this act:
- Use obscene or profane language
- Call outside of the 8:00 a.m. - 9:00 p.m
- Call at work after you have explained you cannot speak on the phone at work
- Discuss the debt with anyone except you, your spouse, attorney, and any co-signers
- Pretend to be police officers or government agents
- Make threats they cannot legally carry out
- Make threats that they have no intention of carrying out
Alleged Violations against Hollis Cobb Associates
For many debt collectors, the FDCPA is not a deterrent. This means that they will say whatever they want in an attempt to obtain your money. Hollis Cobb Associates specializes as a healthcare collection agency. With headquarters in Norcross, Georgia, it has been in operation since 1977. It is both a member of the Association of Credit and Collection Professionals and the Georgia Collector's Association.
With various branches across the world, such as in:
The Public Access to Court Electronic Records website confirms that Hollis Cobb Associates has accusations of violating consumer rights regarding debt collection attempts. Some of these examples include Hollis Cobb Associates attempting to collect a debt numerous times even after learning the consumer had filed bankruptcy. This is considered harassment and violated properties in the act including:
- Contacting directly after having advised its representative that they were represented by an attorney
- Using false, deceptive, and misleading means to collect a debt
- Using unfair or unconscionable means to collect a debt
Don't let debt collectors mislead you. File a response with SoloSuit.
What to Do If You've Been Sued by Hollis Cobb
The number one mistake you might make when sued for a debt is failing to respond to the notice. Responding is known as filing an “Answer.” You must file this answer to the summons that you receive.
If you owe the debt and can't pay it, you still must respond. If you do not respond, the collection agency can obtain a default judgment against you. This will open up new ways for them to collect a debt from you. This includes wage garnishment or taking money directly from your bank account. They may also be able to add attorney's fees, court costs, or interest to the balance.
Tips to include in your answer:
- Don't admit liability for the debt
- Always force the creditor to prove your responsibility for the debt
- File the Answer with the Clerk of Court.
- Ask for a stamped copy of the Answer from the Clerk of Court.
- Send the stamped copy certified mail to the plaintiff
- Respond within the time period set on the lawsuit
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Challenge the Legal Right to Sue
One way to respond to a debt lawsuit is to challenge the right to sue. When the debt reaches the hands of a third-party debt collector, usually it has been sold multiple times. The debt collector is then required to show that they have the right to sue you, meaning that they own the debt.
If you do not respond, then there is no hope because the judge will not look for this information on their own. Instead, if you ask for documentation, the judge will look into your request.
The debt collector must provide:
- Credit agreement signed by you
- Documentation of the chain of custody of all paperwork
Ask for Burden of Proof
One thing that happens when you get served papers for debt, is that the burden of proof lays with the debt collector. This means that they must prove the following:
- That you are responsible for the debt
- That they have the right to sue you
- That you owe a specific amount
Look into the Statute of Limitations
The statute of limitations governs how long a creditor may sue you for a debt. The rules on this vary based on each state, but typically it is anywhere from four to six years. It is important to note that the beginning of the statute of limitations starts on the last day that you were active on your account. This might be making a payment, receiving loan funds, using a credit card to purchase something.
It is important to note that making a payment on an account can restart the clock for your debt, so you should never make a payment until you are sure the statute of limitations does not apply. Some collection agencies work hard to force you to obtain a small payment, to file a suit later.
For debt collectors that violate the Fair Debt Collection Practices Act. you can always countersue. This means that they may need to pay your legal fees and up to $1000 additionally. If the creditor has engaged in violations, you may be able to seek compensation so you must record this information as it happens.
Never Admit Fault
When looking into what to do if you've been sued by Hollis Cobb, you must never admit fault. Weigh your options first, examine the statute of limitations and go from there. Just remember, always respond to your initial summons.
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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