Win in court against debt collectors.
Summary: Are you being sued by Cypress Financial Recoveries? Not sure what to do next? Find out how to respond to a debt collection lawsuit and win in court.
Cypress Financial Recoveries, LLC is a New Jersey debt buyer, known for buying portfolios of old debts. These come from banks, credit card companies, hospitals, doctors, as well as cell phone companies, and car companies. Most often these are purchased for pennies on the dollar, but Cypress Financial Recoveries will still look to collect the full amount from you, the consumer. They may even look to tack on interest, penalties, late fees, overdraft fees, and lawyer's fees.
Known violations of Cypress Financial Recoveries
Cypress Financial Recoveries is well known for being a violator of federal debt collection laws. The Fair Debt Collection Practices Act (FDCPA) is a set of federal laws that regulate how consumer debts may be collected by third-party debt collectors. These laws prevent debt collectors from the following:
- Continued attempts to collect on debt not owed
- Unethical communication tactics
- Disclosure of debt to anyone other than spouse or lawyer
- Taking or threatening an illegal action
- False statements
- Improper contact
- Excessive phone calls
How to beat Cypress Financial Recoveries
In a debt collection lawsuit, the main goal of Cypress Financial Recoveries is to prove that you are responsible for the debt. This is because as the plaintiff, Cypress Financial Recoveries has the burden of proof. To meet the burden, Cypress Financial Recoveries must prove that they have the right to sue you, you are responsible for the debt, and you owe the amount that you are being sued for.
To win the case against you, the proof submitted by the Cypress Financial Recoveries must be based on “personal knowledge”. This means that Cypress Financial Recoveries must have seen a document that proves you are responsible for the debt. This might include credit card bills or a signed credit agreement. Otherwise, the evidence is considered “hearsay” and it cannot be used against you in court.
SoloSuit helps you respond to debt collectors fast and win in court.
What to do when sued for a debt
If you have been sued by Cypress Financial Recoveries for debt, then you need to explore your options and understand what to expect.
Gather information on the debt
Because Cypress Financial Recoveries is not your original creditor, you need to gather information. Find out exactly who they are, and gather more information about your debt. Hold old is our debt and is it past the statute of limitations? Once the statute of limitations passes, the debt is considered “time-barred.” This means you can no longer be sued for the debt. Despite this, they still may try to do so. This is a violation of your consumer rights and you can counter sue.
Respond to the debt collection lawsuit
You must respond within the allotted amount of time on the summons that you are served with. This is typically anywhere between 20 to 40 days. If you do not respond, then you open up other avenues for debt collection. This includes wage garnishment, bank levies, and property seizure.
Use SoloSuit to respond to debt collection lawsuits in 15 minutes.
Show up for the hearing
Showing up for your hearing is essential because if you do not, then you will automatically lose. This is your chance to provide your defense. The judge will decide whether or not you will need to pay, or if you have the chance to settle your debt.
Other ways to handle your debt
If you owe the debt you have a few options. First, you can set up a payment plan. This will allow you to slowly pay off the debt until you pay it off. Another option is to settle the debt. You can attempt to do this for less than you owed originally.
If you have the debt but think that you legally should not need to pay, then you will need to prove this to the court. If you bought an item that did not work, or that was not delivered, then you may have a defense against the debt, the same can be said if the debt was incurred illegally, or it was signed based on falsehoods.
If you do not owe the debt at all, it may be because you are the wrong person, or you already paid the debt. In this case, you can ask the debt collector to prove it.
Make the right affirmative defense with SoloSuit.
Using affirmative defenses in your Answer
Each state is different when it comes to affirmative defenses. Most of them are similar, and if you can specify them to your case. Additionally, if you do not fully understand what defense means, do not use it. You may be asked why you chose a defense and you need to be able to defend yourself and explain it.
Common Affirmative Defenses
The following defenses are the most commonly used in debt-collection lawsuits. You must find the defenses that will work for you and your case. When you choose an affirmative defense you also need to ensure that you have facts to support it.
- Statute of Limitations: This is the best affirmative defense you can have. The statute of limitations time barres how long you can be brought to court for debt. After the statute expires you legally can no longer be sued for the debt. The period ranges between two to 20 years but is, on average, between four to six years.
- Lack of Standing: Lack of standing is also a powerful defense to use. Essentially it means that a debt collector has no legal basis to file a suit against you. It means there is no clear ownership of the debtor's legal assignment that occurred. They may not have proof of chain of custody.
- Failure to State a Claim: In this case, you would state “failure to state a claim upon which relief may be granted”. This means that there was no statute cited, or facts stated to support it. This is best to be used if you are said to owe the money with no evidence to back it up.
If you are struggling with a debt lawsuit you need to act fast, answer the suit, and decide on your affirmative defenses. This can make or break whether or not you beat Cypress Financial Recoveries in court.
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
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