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:
- 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.
Don't ignore a debt collection lawsuit. File a response with SoloSuit.
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.
Use SoloSuit to stop debt collectors from harassing you.
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.
Make the right defense the right way with SoloSuit.
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
- Unemployment benefits
- Veterans benefits
- Worker's compensation
- Child support and alimony
- IRA or 401K Retirement Fund
- Rental or Utility Security Deposits
Respond to debt collection lawsuits fast with SoloSuit and protect your property.
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
>>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?
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