How to Beat CCB Springfield IL in Court

Chloe Meltzer

September 09, 2021

You can win your case if you make the right defense.

Summary: Is CCB Springfield IL suing you for an old debt? Not sure how to respond? Learn how to beat them in court.

If you have fallen behind on your debt payments, you may feel worried. What might make matters worse is that you may receive a summons and complaint in the mail to go to court. This means you are being sued for debt. If you owe the money but feel you should not pay, or you think you have a legal countersuit against the debt collector, then you have options.

What happens when you do not pay your debt?

If you have been given a line of credit or a loan, then you owe this money back. Anyone who has given you credit or a loan is a creditor. This can include:

  • Banks
  • Landlords
  • Utility companies
  • Department stores
  • Government entities

If you cannot pay back your debt, then the creditor is allowed to approach the courts to sue you for that debt. Sometimes debt collectors, such as CCB Springfield, will purchase debts or work on behalf of a creditor. Then the debt collector will sue you in court for your debt.

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The FDCPA

Under the Federal Debt Collection Practices Act (FDCPA) collection agencies and attorneys cannot harass you to force you to pay a debt. In addition, third party debt collectors may not:

  • Contact other people about your debt. This includes neighbors relatives and employers.
  • Contact you before 8:00 A.M. or after 9:00 P.M.
  • Contact you at work if you are not allowed to take calls.
  • Contact you directly if you have an attorney.
  • Continue to try to collect the debt if you have attempted to dispute the debt.
  • Lie to you about anything regarding the debt.
  • Harassing you in any manner.

How to stop a debt collector from contacting you

You can send a cease and desist letter to the debt collector if you wish them to stop contacting you. If you do this, the debt collector can no longer contact you again in writing, on the phone, or in person. The only reason that a debt collector may legally contact you after you request no contact, is to let you know that an action has been taken (such as a lawsuit).

When you are being harassed by a debt collection you can send the letter with the note "return receipt requested". This will send you a copy as well for your records. If they continue to contact you, you can sue them for damages up to $1000, as well as court costs and fees. They might also drop their lawsuit against you.

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What happens when you are sued by a debt collector

If you do not pay your debts, then a creditor or debt collector may file a lawsuit against you. In this case, the debt collector will file court papers called the Summons and Complaint. You will be served with these.

After being served with the debt lawsuit, you will have anywhere from 20 to 40 days to respond to the courts. This is located on the court papers that you are served with. You must respond to the courts with a certified Answer. In this answer, you can list any affirmative defenses you have to the lawsuit.

After you file an answer, there will most likely be a hearing scheduled. This will be your chance to prove one of the following:

  • You do not owe the money
  • You have already paid the money
  • Your countersuit

If you do not file an Answer then the debt collector will be given a default judgment against you. This is the same as if you lose the lawsuit. The default judgment will open up other avenues for the debt collector to collect from you such as wage garnishment, placing liens on your property, or taking money directly from your bank account.

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Understanding a judgment

Judgments are legal documents that state that you owe someone money. To obtain a judgment, a creditor must sue you. Judgments also collect interest which varies in each state. In each state, there is a length of how long the judgment can be collected. To resolve the judgment, the creditor must file a “satisfaction of judgment” with the court and give you a copy. After you make a final payment you need to have a receipt that the satisfaction of judgment has been filed.

Challenging a default judgment

It can be difficult to challenge a default judgment, but it is possible. If you want to overturn a default judgment, you will need to ask the court to vacate it by filing an “Order to Show Cause to Vacate a Default Judgment.” If you were served but never responded, then you will need to explain yourself and show that you have a good reason for not responding. The best thing to do

Protected income and property

There are specific types of income and property that are exempt from collection. This can make you “judgment proof”. Some kinds of income protected from garnishment include:

  • Welfare benefits
  • Social Security
  • Social Security Disability
  • SSI
  • Pensions
  • Unemployment benefits
  • Veterans benefits
  • Worker's compensation
  • Child support and alimony
  • IRA or 401K Retirement Fund
  • Rental or Utility Security Deposits

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The statute of limitations

Some debts are too old for debt collectors to sue you for. These are called time-barred debts. This occurs when the statute of limitations is passed, which is anywhere from two to 20 years, but on average it is four to six years. Creditors may still file a lawsuit against you to attempt to collect on your debt. If you pay on a time-barred debt it will restart the statute of limitations. This is why you cannot pay an old debt, even only $5, as this will restart the statute of limitations.

Filing for bankruptcy

Filing for bankruptcy should always be a last resort. It can be extremely expensive and is not always the right choice. It will also follow you for the rest of your life. This is why you should only do so if you have a variety of debts and are looking for a fresh start. You should fully determine if you have no other options before making this decision.

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


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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

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