Don't let debt collectors take the food out of your mouth.
Summary: Are you being sued by First Portfolio Ventures LLC? Find out who they are and how to win against them in court.
Anytime you are past due on a debt, your debt has the chance to be assigned or sold to a third-party debt collector. When this occurs, they will attempt to collect on your debt, and often use more serious methods to obtain payment, such as suing. When sued by a debt collector you may be confused on how to respond, but by going through the following steps you may be able to learn how to beat First Portfolio Ventures I LLC in court.
Understand the facts
When being sued by a debt collector, you will need to know exactly what to expect. There are many factors that go into how your case will go. The timeline will be different from person to person, but generally, go along the following timeline.
- Expect a phone call or letter in the mail typically after the debt is 180 days past due.
- A violation letter is sent within five days of the first contact. This will include much you owe, the name of the creditor, as well as how you can dispute the debt should you choose.
- You may request a verification letter within 30 days of the validation notice.
- You must respond to the lawsuit within 20 to 30 days as signified on the summons sent to you that indicates you are being sued.
- If you fail to show up for your court date, then an automatic judgment will be placed against you. This means that you automatically lose your case.
Don't wait for a default judgement against you. Respond with SoloSuit.
Respond to the lawsuit
If you are being sued by a debt collector, you must first respond to the summons and complaint. This response is called an “Answer”. Although you may want to avoid the lawsuit at all costs, this is not always possible. Ignoring a debt collector is the worst thing you can do because it will not make the debt go away. This will make you miss deadlines, and then result in a default judgment. By responding properly, you have more chances to negotiate the debt.
Challenge the lawsuit
Debt collectors are typically hired by the original creditor or have purchased your debt from the original creditor. This means that even if you think the debt is legitimate, you may have other options to challenge the lawsuit.
For instance, you might think that the wrong person is being sued. In this case, it is possible, because whether you have a similar name or a family member with a similar name, the wrong person can be sued. In another option, you may have already paid the debt. This is common as well because payment records can get switched or crossed when the debt is sold one or more times. The same can be said if the debt amount is incorrect.
Another serious and effective method of challenging the lawsuit is to examine the statute of limitations. This set of laws governs the amount of time that a debt collector may legally sue you for debt. This ranges from three to twenty years depending on the state you are in.
Make the right defense the right way with SoloSuit.
What to do if you disagree with the lawsuit
If you are being sued for debt and you disagree with the lawsuit then you need to file a response explaining this. This will give you the opportunity to fight the lawsuit.
When you go to fight the lawsuit you will need the following information such as:
- Who the creditor is
- If you already paid the debt
- If the debt amount is accurate
- If the debt is past the statute of limitations
If your rights have been violated by a debt collector, then you should also bring that with you. This includes violations of the Fair Debt Collection Practices Act (FDCPA). These include rules that the debt collector may not engage in the following:
- Contacting you outside the hours of 8 a.m. and 9 p.m.
- Harassment of any kind, such as threatening, or using profanity.
- Threatening you in any way, such as taking your property without the legal right to do so.
- Contact you after being represented by an attorney.
- Make fraudulent claims.
Don't let debt collectors get away with shady practices. Respond with SoloSuit.
Accepting or not accepting the judgement
There are a few different ways that you can proceed when it comes to a debt collection lawsuit. If you decide to accept the judgment you should expect to end up paying the lawsuit. If you want to accept the judgment and avoid going to court, then you can go through an out-of-court settlement.
In the instance that you make limited wages then you may be considered judgment proof. This would mean that your wages cannot be garnished because you make minimal wages. This will vary based on the state you live in and how much you owe, but this may make sure that you are exempt from wage garnishment. You may want to consult a credit counselor to get your finances on track and see if you fit the criteria for being judgment-proof.
Another instance may be that you have a huge amount of debt along with other financial issues. You may consider filing bankruptcy in this case. If you do not want to file bankruptcy, you can threaten to do so anyway. This can help you to settle and be able to negotiate a lower settlement on your own behalf.
If you do choose to file bankruptcy then all your debts will be forgiven and the debt collector will not be able to continue to attempt to collect from you. In many cases filing bankruptcy will also help you to pay off a much lower amount, which will then get you out of the suit. Despite this seeming like a great option it will continue to follow you for the rest of your life. This is why filing for bankruptcy should only be done in extreme circumstances.
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.
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