Know what to say to debt collectors
Summary: Is JHPDE Finance 1 LLC threatening you over an old debt? Not sure how you're going to win the fight? Learn how to respond to debt collectors and beat them in court.
If you have received a collection letter or call regarding a debt owed to JHPDE Finance I, LLC, you might be wondering who they are and if they are a legitimate business. If you are being sued by JDPDE Finance 1, you have rights. Although your debts may exist, you can fight discharge or settle the debt at a reduced amount, and possibly pay monthly expenses. The first step is knowing what to do when being sued for debt.
Who is JDPDE Finance 1 LLC?
JHPDE Finance I, LLC is a buyer of defaulted debts. This includes old credit card debts originally owed to Citibank and other creditors. JHPDE Finance 1, LLC is a relatively young entity, having registered in Delaware in November 2017. They are also somewhat associated with a well-known debt buyer, JH Portfolio Debt Equities, LLC. There have also been accounts transferred between those companies.
If you wish to resolve your account with a debt buyer such as JHPDE Finance I, LLC, you will need to protect yourself from deceptive collection practices, and look into all affirmative defenses. Since their company is a bit fishy in terms of its connection with other companies, it is important to act quickly.
Pick the right affirmative defense with SoloSuit.
Check if the debt is legitimate
When dealing with a debt collector or debt buyer you need to ensure that the debt is legitimate. You can ask who owns the debt, how they become the owner of the debt, and why they have the right to collect it. In some cases, it may be a mistake of identity. You could have a similar name as someone else, or simply another mistake. This is why you should always challenge the debt in writing. After doing so, you cannot be contacted again until you are given a written verification letter.
Negotiating a settlement
If the bill is correct, then you can attempt to negotiate a settlement for less. In this case, it can take a long time, but you may be able to pay a lot less. Especially by starting with low offers, you may leave more room to bargain.
You should communicate with debt collectors and keep copies of all your correspondence. Most often debt buyers will have purchased your debt for pennies on the dollar, meaning you have leeway on how you negotiate.
Oftentimes collection agencies have a bit less space to negotiate and are more restricted in what they can offer. They will need to collect enough to satisfy the expectations of creditors as well as make their own money.
In most cases, though a settlement will include a discount or a payment plan allowing you to pay slowly. It is important to note that even with a payment plan the debt will be on your credit report for up to seven years.
Use SoloSuit to respond to debt collection lawsuits in 15 minutes.
Check the statute of limitations
Before you move into any type of payment or negotiation, you need to check to see if the statute of limitations has expired on your debt. The statute of limitations is a specific window of time when you can be sued for debt. Although the amount of time is different for each state, it is typically between four to six years, but can be as few as two, or as many as 20.
Once the statute of limitations on your debt has expired, you may not be able to be sued for the debt. If the expiration date is coming soon, then this is a common occurrence for a debt collector to pray on. When the expiration is nearing, the debt collector may look for you to extend the date. This can be done by restarting the statute with a partial payment. This can give you extra leverage in negotiating a settlement.
You must realize even a $5 payment will restart the statute in some states. This will then allow the lengthen the time a black mark remains on your credit record.
Make the right defense the right way with SoloSuit.
Respond if you are sued
Although it does not always occur, you may be sued for the debt. In this case, you will be given a deadline by which you need to respond by. This is essential because you want to have enough time to respond. If you answer then the debt collector must prove that you owe the money. If you do not respond promptly, then the burden of proof may switch to you. You may have a default judgment placed against you, which can lead to a court order to garnish your paycheck or your assets.
In some cases, you might want to seek counsel, but you may not always be able to afford this. In some cases, you might even fall into a trip where debt collection services charge money in advance to negotiate on your behalf. Although they may promise to deliver, they will ensure that they get paid regardless if you win or lose.
Common affirmative defenses
- Statute of Limitations: As mentioned before, the statute of limitations is a legitimate defense. If the suit was brought on after the statutory limit has passed then this is the best defense you can have and it will be respected.
- Lack of Standing: Lack of standing is a defense that you can use, and is almost as good as the statute of limitations. This essentially means that the debt collector does not have a legal basis for filing a suit. This occurs when there is no clear ownership of the debt or legal assignment of a debt to a debt collector. When there is no paper trail then you can bring up this defense. You can only find this out from responding and asking for this proof.
- Failure to State a Claim: In this case, relief may be granted. If the statute wasn't cited or the complaint fails to state the proper facts, you may be able to use this. Essentially this is of use if they state you owe the money without proof.
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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