September 22, 2021
Summary: Are you being sued by Salander Enterprises LLC for an old debt? Learn why they're suing you and how to win your case with the right defense.
When it comes to debt collection lawsuits, it is typically a situation that you never want to find yourself in. Unfortunately, almost 70 million Americans are in that same situation right now. Out of these 70 million Americans, 25% felt threatened during their dealings with these types of agencies.
Some of the methods of conversation between consumers and collection agencies can cause fear. Whether that is discussions regarding lawsuits and threats to your wages, or bank accounts and other assets. You may hope that it suddenly goes away and the calls stop, but this is not what is going to happen. It typically gets worse.
By understanding what happens when you get served papers by Salander Enterprises, you can take the right steps to defend yourself against a debt lawsuit. This can make a huge difference in the overall outcome. The first step is understanding your rights, and then going through the motions to defend yourself against a debt lawsuit and stop it in its tracks.
Salander Enterprises Inc is a debt collection service that files a large number of debt collection lawsuits in Arizona. Salander Enterprises is known primarily as a junk debt buyer, that purchases old charges of debt. This is often medical debt in which they file lawsuits in an attempt to collect on the debt.
Most of the lawsuits filed by Salander Enterprises in Arizona are filed in the justice court system, meaning that the debt is less than $10,000. If you are being sued for debt by Salander Enterprises LLC, it is important to know your rights to fight it efficiently.
After being served with a lawsuit you must respond to it within the deadline dictated on the summons. This may be anywhere from 20 to 30 days. This written response is called an Answer, and if you do not file it, you will end up with a default judgment against you. After Salander Enterprises obtains a default judgment, they are then able to garnish your wages and even take money directly from your bank account.
While going through your lawsuit you will most likely be required to attend multiple court hearings. It is important to go to these hearings because if you do not show up you will be given a default judgment against you immediately.
It is important that although you are being sued by Salander Enterprises, they are not your original creditor. You never agreed to pay them anything, and they never loaned you money, Because there is no contract between you and Salander Enterprises, for them to legally collect, they must prove ownership of your account through a chain of title.
This sounds easy but is often more difficult than you might think. This is because your account has most likely changed hands multiple times before getting to Salander Enterprises. Salander is required to show a valid transfer of your debt between buyers and sellers. It is good to note that it is not enough to show a simple transaction, but it must also show that your specific account was transferred as a part of those transactions.
Although Salander must prove ownership to the account, they must also prove the exact amount that they are requesting from you. This means that they must prove to the court the exact amount that is allegedly owed. Because debt buyers often do not have the right documentation, they may try to provide minimal documentation. This is not enough to hold up in court.
The statute of limitations governs how long you may be sued for consumer debt. This is different in every state, but most often the statute of limitations is anywhere from four to six years. The beginning of that period is whichever day you were last active on the account.
Activity on the account is usually defined as making a payment or pulling funds, but it can also be simply purchasing with a credit card. You should review the statute of limitations on debt in your state to understand the timeline of your debt.
Making a payment on your account essentially restarts the clock for the debt. This means that you need to be sure whether or not the statute has passed. If the statute of limitations has expired, then you cannot legally be sued for the debt. Despite this, you still owe the debt, and it may negatively affect your credit, but you are no longer at risk for wage garnishment.
The Fair Debt Collection Practices Act is a series of rules that third-party debt collectors legally must abide by. These include:
Debt collectors that violate the Fair Debt Collection Practices Act may be required to pay more than just your legal fees. If Salander Enterprises has engaged in violations, you may be able to seek compensation.
Dealing with debt is never fun, but if you are part of a debt lawsuit, you must respond, and you must fight it. This is because, to beat Salander Enterprises LLC, you will need to take action. There are many aspects of the debt collection process, but in most cases challenging the right to sue you is your best bet. You may be surprised how little information and evidence debt buyers like Salander Enterprises have.
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.