Chloe Meltzer | October 19, 2022
Summary: Not sure what to do now that you're being sued by Express Recovery? Don't panic. Learn how to make the right defense and beat Express Recovery in court!
The day a letter arrives Express Recovery is not going to be your best day. This is most likely a summons notifying you that you are being sued. It is extremely common with over 70 million Americans who have reported being in debt. There are many types of unpaid debt, whether that is a medical, credit card, or other types of consumer debt.
Despite this, if you do not respond in time, then the creditor will most likely win. In this case, they may get the right to garnish your wages or pull money directly from your bank accounts. This is why you must know your rights and do this if sued by Express Recovery for debt.
The Fair Debt Collection Practices Act is also known as the FDCPA. This is a consumer protection law that dictates what third-party debt collectors can and cannot do. Specifically, it protects consumers from deceptive and unethical collection tactics. These might include:
If you are being sued by Express Recovery Services, Inc, you should know exactly who they are and what they do. Express Recovery Services, Inc., also does business as Clear Management Solutions. This is a debt collection company primarily located in Salt Lake City, Utah. Established over 25 years ago, there have been various consumers who believe that they were being harassed by Express Recovery Services, Inc. and went to court to fight it. These alleged violations include:
Lawsuits are common when it comes to debt, but when a creditor files a complaint against you, you will receive a notice. This is should include information about why the creditor is suing you and what they want in return. This is typically the amount owed, as well as any interest, and sometimes, attorney fees and court costs.
In this case, the creditor, collection agency, or attorney will then notify you by serving you. This is essentially just being given a copy of the complaint and court summons. At this point, you should also be given information on how you can file a formal response in court, as well as when you need to arrive at court for your hearing.
In many cases, debt collectors assume that you will not respond, nor arrive at your hearing. In doing so, you will allow the judge to file a default judgment. This provides many benefits to the creditor and many consequences to you. They include:
If you are being sued by Express Recovery Services, then they are most likely not the original creditor. In this case, your debt may have been sold a few times, and it may be something that you even forgot about.
You should review your records and go over anything that has been sent to you by the debt collector. You should write down who the creditor is, how much they state that you owe and if it is accurate. You also should examine if the debt is past the statute of limitations. When this occurs the debt is no longer legally suable. This means that it is “time-barred.” Although you will be required to pay it legally, you can no longer be sued for it.
Ignoring a lawsuit is the worst thing you can do. When you ignore it, it will put your wages, your bank account, and your property at risk for seizure. You will also lose the ability to dispute the debt. Although this might seem complicated, it is essential to respond to have opportunities to fight the debt later on. It is good to note that you will need to pay a filing fee along with your response.
Going to your hearing is just as important as your response. At your hearing, the judge will let you know what you are required to pay. This is your chance to make a defense or work out a settlement.
If you owe the debt then you have the option to set up a payment plan or settle for less than you owe. In these cases, you must get a written agreement that states the terms and that the debt will be settled once you pay a specific amount.
If you believe that you should not have to pay the debt because of an “affirmative defense” then you need to prove why. An affirmative defense might include:
If you do not owe the debt then you can ask them to prove your responsibility for it. This is an extremely strong defense because if they are unable to do so, then your debt lawsuit will be dropped. You can ask Express Recovery Services to provide the original debt contract, as well as to prove why you owe the specific amount. If they are unable to do so, then the judge will throw out your case.
In all aspects of a debt collection lawsuit, having adequate documentation is essential. Without it, you will have nothing to prove your case, but the same can be said about a debt collector. If the debt collector does not have proof that they own your debt, it is enough to have the case thrown out. Therefore, always ask for proof, and ensure that everything is in writing.
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.