You may have a debt, but you also have a defense.
Summary: Are you being sued by Credence Resource Management for a delinquent balance? Make the right defense and win your case.
For many, it is all too common to come home to a summons in your mailbox. This is usually a formal letter that is notifying you of being sued by a debt collection agency. Many consumers simply throw the letter away and hope that it never returns, but this is a bad decision. If you owe any type of consumer debt to a collection agency such as Credence Resources Management, you will need to respond.
Responding to Credence Resource Management
If you do not respond then it will open up other avenues for Credence Resource Management to obtain your funds. Not responding leads to a default judgment against you, which then leads to the possibility of having your wages garnished, or money taken directly from your bank account. The judgment also requires you to cover any interest that has accrued on the account, as well as costly court and attorney fees. This is something that can be possibly avoided if you simply respond.
File a response in 15 minutes with SoloSuit.
How to Beat Credence Resource Management in Court
Respond to the Lawsuit
The key to responding to a lawsuit is never to take complete responsibility for the consumer debt. You will see that there is a date to respond by, and it is essential that you respect that date. If you fail to respond, then the debt collection agency will obtain a default judgment against you. This will allow them to garnish your wages, and take money directly from your bank account in some cases.
Tips for responding to a debt collection lawsuit:
- File the Answer with the Clerk of Court.
- Never admit liability
- Force the debt collector to prove your debt
- Ask for a stamped copy of the Answer
- Send the stamped copy certified mail to the plaintiff.
Avoid a summary judgment. Respond with SoloSuit!
Challenge the Legal Right to Sue
One of the best ways to respond to a lawsuit for debt is to challenge the ability to sue at all. Typically when debt reaches a third-party collector it has passed through many hands. This means that sometimes the debt collector does not have the proper documentation to prove they can legally sue. If you do not respond, you won't have a chance to ask for this proof. Even worse, if you do not respond, your silence is considered an admission of responsibility in court. Be sure to ask for documentation in writing showing that Credence Resource Management has the legal right to sue.
Legally the plaintiff must provide:
- Original credit agreement signed by you
- Documentation of the chain of custody (proof that the paperwork came from the original creditor)
Burden of Proof
When being served with debt, there is a legal term called “burden of proof.” This is something that lays with the debt collector and means that they must show:
- Your responsibility for the debt
- Proof of the legal right to sue
- How much you owe
This can legally be proved by the following:
- That the balance was increased due to fees or charges listed on the original credit agreement.
- That the balance increased due to buying or making purchases.
- That the balance is accurate and has all previous payments and adjustments listed on the bill.
In many cases, the burden of proof cannot be outlined properly. This means that the lawsuit will be dismissed or settled at a much lower amount.
Make debt collectors prove their case. File a response with SoloSuit.
Look into the Statute of Limitations
The statutes of limitations are a set of laws that govern how long creditors can sue a consumer regarding a debt. Every state has different laws for the statute of limitations, but generally, the average is around six years. It is important to note that the last day of the statute of limitations is the last day that the account was active.
This might include drawing funds, making a payment, making a purchase, or anything that activates the account. This will restart the clock for debt, which is why many debt collectors attempt to have you make even the smallest payment when the statute ends gets near.
File a Countersuit
The Fair Debt Collection Practices Act is known as the FDCPA and is a set of laws that govern how a third-party debt collector may interact with consumers. These laws include:
- Threatening against a consumer
- Using obscene language
- Advertising the sale of the debt
- Calling you repeatedly to try and harass you
- Falsely representing the amount owed
- Pretending to be an attorney
- Threatening arrest
- Falsely implying that you have committed a crime
- Failing to acknowledge that a debt is being disputed
- Failing to disclose the name of the debt collection company
- Threatening to deposit postdated checks
- Calling before 8 a.m. or after 9 p.m.
- Calling your place of employment if it is not allowed
- Contacting friends and family members about the debt
If a debt collector violates any part of this act they may not only be required to pay your legal fees, but you may also be able to see compensation for any related damages.
Don't let debt collectors push you around. Respond with SoloSuit.
The Final Straw: File a Petition of Bankruptcy
If you owe a debt and truly believe you cannot pay it back, then you have the option to declare bankruptcy. Bankruptcy should only be an option if you are also experiencing other financial distress. The only reason you might want to file bankruptcy is that it means an automatic stay occurs. This means all collections must stop immediately.
Bankruptcy can be dangerous and may have a big impact on both your financial status and credit. If you are deep in a hole, it can be the first step to rebuilding your credit, but it is not always the right choice. Whatever decision you do decide to make, you must make the one that works for you. Your financial future develops for the rest of your life, do not let one non-response or one lawsuit derail that.
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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