September 09, 2021
Summary: Are you being sued by Enerson Law LLC? Not sure how you're going to defend your case? Learn everything you need to know about Enerson Law and win in court.
Lawsuits are common when it comes to consumer debt. Often a lawyer will be hired to collect debt on behalf of a creditor, or they may purchase the debt themselves. This then gives them the responsibility to collect on your debt. If you do not pay your debt, eventually, the debt collector will sue you.
Typically a debt collection lawsuit begins when a creditor files a complaint against you. This comes along with a summons, which will tell you when the court hearing will be, as well as how you can file a formal response. The complaint will say why you are being sued, and what they are looking for. This is most often what you originally owed, as well as attorney fees and court costs.
Most debt collectors believe that you will not attend the hearing, which is good for them. If you do not show up there will be a default judgment awarded to the debt collector. This means that they can then garnish your wages, place liens on your property, and even freeze the money in your bank account. This is why you need to learn your rights so you can properly defend yourself.
Enerson Law is a debt collection law firm. Enerson Law files collection lawsuits against consumers and often collects on behalf of CACH, LLC, Square Two Financial, and SallieMae. Based out of Wisconsin, they are known for violating the Fair Debt Collection Practices Act (FDCPA).
The debt may have been sold multiple times, and therefore the debt collector may not have the proper paperwork to actually sue you. Legally, the debt collector needs to send you a debt validation letter. This should include who the creditor is, if the amount is correct and if you owe the debt. There are plenty of errors that occur during debt sales. Both your name and the amount may be incorrect.
The most important thing to know is that you cannot ignore a lawsuit. If you ignore the lawsuit you can have your wages garnished, and money taken directly from your bank account. Additionally, if you do not respond, you will lose any chance of disputing the debt. It can be complicated to draft an Answer though, which means you need to be aware of what to include, and how to do it. Be aware that you need to pay a filing fee when you submit your response.
You must gather as much information as possible when being sued for debt. This is because your debt may have been sold multiple times. It may be an old bill, which is considered a zombie debt. Debt collectors know this and look to revive it. Zombie debts are those which are past the statute of limitations. The statute governs how long you can be sued for debt. Typically this is around five years, but may be anywhere from two to 20 years. This changes based on the state in which you are being sued, as well as the type of debt you are being sued for.
Once the statute of limitations passes, the debt is considered “time-barred.” if you are sued during this period it is a violation of your consumer rights. Although you must pay the debt and it will hurt your credit if you do not, you cannot legally be sued for it.
You must go to your hearing. This is when the judge will decide what you will need to pay, and how. This is when you need to stand up for what you want and present affirmative defenses if you have them.
Depending on if you owe the debt or not, you may consider looking into a payment plan before the hearing. This will help you to pay off the bill without hurting your finances. You can also try to ask for a settlement. This is usually for less than what you owe, and it will be reported to the credit bureau as paid, to avoid hiring your credit report any further.
In some cases, you might owe the debt but refuse to pay it. This may be because you purchased an item that was defective or never delivered. It can also be because the debt contract was unenforceable, or you cancel the contract within a reasonable time frame.
If you do not owe the debt, then you can ask the debt collector to prove your responsibility for the debt. Typically they are unable to provide the original contract, and to prove the amount that you owe. If they cannot prove it, they legally cannot sue you for the debt.
Other, not so common, affirmative defenses that you can use include the following:
It can be difficult to go through a debt lawsuit, but it is essential that you learn how to defend yourself if it does happen. This will allow you to protect your assets, keep your wages safe, and pay off your debts slowly, or not at all if you can find a proper affirmative defense.
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.
"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
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.