Chloe Meltzer | October 19, 2022
Summary: Are you being sued by Bureaus Investment Group for an past due balance? Learn how to make a defense and win against Bureaus Investment Group in court.
There is not much that is worse than being on the end of a debt lawsuit. But this is all too common with most Americans carrying some form of personal debt. Although it may feel in control at first, eventually it can overwhelm you.
Once you receive a letter in the mail in the form of a summons and complaint, it means you are being sued for debt. Although you might be worried that you are being sued by a company such as Bureaus Investment Group it is possible to beat them. You simply need to know your rights and know how to respond properly.
Bureaus Investment Group is a collection agency that works on behalf of a creditor to collect an unpaid debt. Located in Evanston, Illinois, established in 1997, it operates a nationwide debt collection business. They specialize in buying portfolios of consumer debts for low prices, in which they then attempt to collect the full amount.
Typically Bureaus Investment Group collects on credit card bills, medical bills, student loans, and mortgages. Although there are laws to protect you as a consumer, debt collectors are known for persistent, and rude language when trying to get consumers to pay the full amount owing. This collection agency has been sued multiple times for violating the FDCPA.
The Fair Debt Collection Practices Act, also known as the FDCPA, was originally enacted to protect consumers from abusive practices by third-party debt collectors. This law protects consumers from the following:
The most common mistake that debtors make when being sued is ignoring the notice. Because it usually arrives in the mail, it can be easy to set it aside and ignore it. Especially if you cannot pay it, you may feel that there is nothing you can do. If you do not respond then you will automatically allow the collections agency to have a default judgment against you. This means that they can go into your bank accounts and pull out money, or garnish wages from each check. Eventually, they may even be able to add attorney's fees, court costs, or interest to your balance. This is why you must respond.
There is one way to respond to a debt lawsuit, and that is to challenge the right to sue. This is important because, by the time Bureaus Investment Group has obtained your debt, it has most likely been sold a few times. This means that because they own your debt, they must prove that they have the right to collect it. If you do not respond, then you do not have the chance to ask for proof of the following:
In many cases, a great defense is to force the creditor to provide proof that the debt is yours. This means that they can show that the balance was increased when you made purchases, or if it was increased through fees and other charges. They also need to prove that the balance is accurate and reflects all previous payments and adjustments. If they are unable to do so, this can lead to dismissal of the lawsuit, or a settlement at a lower rate.
The statutes of limitations govern how long creditors may legally sue you for a debt. Each state has different rules, but in most states, it will range from two to six years. The State of New York is unique in which there are 20 years to bring forward a debt lawsuit.
What is most important to understand about the statute of limitations is that the period it begins is on the last day you were active on the account. Activity is defined as drawing funds or using a credit card. It might also be making any type of small payment, so it is essential to avoid this.
For example, some agencies use efforts to collect extremely small pieces of debt. Although you might think this buys you time, instead, it restarts the timeline for them to sue you later.
As mentioned before, debt collectors that violate the Fair Debt Collection Practices Act may be required to pay your legal fees, but it can also help get your lawsuit dropped. If the creditor has violated the FDCPA, you must bring this as a countersuit. If they have engaged in violations this is the best opportunity to get your money back, or more.
If you are in a bad financial situation you might consider bankruptcy. Although this should not be a tactic used if you are only struggling with one debt, it will wipe your debt clean. Filing a petition of bankruptcy means that an automatic stay occurs. This leads to all collection activity stopping while it is handled. This might seem like the easy way out, but there are major ramifications both financially and to your credit. The only reason bankruptcy should be used is if you are overwhelmed with debt and truly think that there is no way out.
Only you know your situation. When you are looking into whether you would like to countersue, declare bankruptcy, or simply respond, you must weigh all of your options. Just remember, your credit follows you for the rest of your life, so handle it as soon as possible.
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.