Make the right defense and you'll be celebrating in court.
Summary: Are you being sued by Second Round Sub LLC? Not sure what to do next? Find out how to respond to a debt collection lawsuit from Second Round Sub LLC and win in court.
Being sued for debt is something that millions of Americans experience, yet many do not know how to handle the situation. The initial idea of many people is to avoid the situation altogether and ignore it. This is the wrong thing to do. It is essential that you respond to the debt collector as soon as possible. Typically you have a window of anywhere from 20 to 30 days. Refusing to appear in court will make the problem much worse, and will allow the debt collector to win automatically. This leads to a judgment against you and various consequences.
Consequences of a default judgment
If a judgment is issued against you, it may be on your record for up to 20 years. This leads to a negative impact on your credit report and can make it hard to buy a home, car, open credit cards, or obtain a loan. Additionally, it opens up avenues for collection such as:
- Wage garnishment
- Lien being placed on your property
- Taking funds directly from your bank account
- Taking your property
It is essential to avoid getting to this point. Instead, find a solution. Settlement is an option, but fighting the lawsuit is a better option. In some cases, you may find a loophole that allows you to get out of paying or at least reduce how much you owe.
Don't let a default judgment get filed against you. Respond with SoloSuit.
Who is Second Round Sub LLC?
If you are being sued by Second Round Sub, you should be aware that this is a debt collector. Second Round Sub was founded in 2008 and is located in Austin, Texas. They purchase debts from original creditors such as your credit card company. In the case of Second Round Sub LLC, the debts could even be purchased from a different debt collector, meaning that the debt has been sold multiple times. This is called a “junk debt buyer” and in many cases, they will pay a very small amount to acquire rights to the debt. This can be anywhere from 2 to 5 cents per dollar of the debt. This is good for you because it means you can negotiate the price down.
What to do when sued by Second Round Sub LLC for a debt
Gather information on the debt
If the creditor suing you is Second Round Sub, then they are not your original creditor. The debt will most likely have been sold many times, or it may be something that you completely forgot about (known as a zombie debt). Be sure to go through all of your personal information and compile it such as:
- Validation letter: This can be asked for in order to have proof that the debt is owned by the collector, and owed by you.
- Explanation letter: Must be given to consumers of debt within 5 days. If you do not receive it you can request one and report it to the Clerk of Court.
- Who the creditor is: This should be labeled on your validation letter and should clearly be stated on your summons.
- If the amount is accurate: You should have proof of some form of the debt.
- If you owe the debt: If you do not have proof, or have not been provided proof, you can ask for this to be given to you by the debt collector.
- If the debt is past the statute of limitations: The statute of limitations is a set of laws that governs how long you may be sued for debt. It is different in every state but can be as little as two years, and as long as 20. Generally, it is between four to six years. This means that the debt is considered to be “time-barred”. This means you cannot be sued for the debt although debt collectors may attempt to.
Make the right affirmative defense with SoloSuit and win your case.
Respond to the lawsuit promptly
If you do not respond to the lawsuit then it may complicate your situation or prevent you from fighting it. In this case, you should respond and ask for proof of the debt. In many cases, they will not be able to verify the debt and it may be dismissed by the judge. This should be your ultimate goal. It is important to note that you will need to pay a filing fee for your response, and you should ask the court clerk about possible fee waivers.
Show up to the hearing prepared
You must show up to your hearing regardless of if you owe the debt or not. In the event you do owe the debt, the judge will decide if you need to pay, and you will have the ability to submit a defense. In this case, you can either set up a payment plan to make regular payments or settle the debt for less than the total payment.
There are times that even though you purchased an item or service, that you do not feel you should pay. In this case, you should invoke a legal defense. In this case, what you bought may not have been delivered or the contract was unenforceable.
Use SoloSuit to respond to debt collectors and beat them in court.
In the event you do not owe the debt, you can ask the creditor to prove your responsibility. This can also be used even if you owe the debt, because they may not have the right to sue you at all. They must have the documentation to prove that you are responsible. If not, you can have the case dismissed.
When fighting a junk debt buyer such as Second Round Sub, you should know that they prefer to avoid a legal battle. In many situations, Second Round Sub has many cases, and losing a few of them means nothing. You should also look to see if the statute of limitations has run out because in that case, they cannot legally sue you. It is difficult to know what your situation is, but it is always good to look into it to see if things are not being done properly.
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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