Start My Answer

How to Beat Credence Resource Management in Court

Chloe Meltzer | October 19, 2022

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

Get Started

>>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

How to Answer a Summons for Debt Collection Guides for Other States

Here's a list of guides for other states.

All 50 states.

Guides on How to Beat Every Debt Collector

Being sued by a different debt collector? We're making guides on how to beat each one.

Win Against Credit Card Companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get Answers to These FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review