Chloe Meltzer | July 21, 2022
Summary: Are you being sued by Wolpoff & Abramson for an old debt? Learn why they're suing you and how to win your case with the right defense.
Being sued for debt by a debt collector such as Wolpoff & Abramson in court means that they have filed a lawsuit against you. Collection lawsuits are common when not paying a debt, and can be expensive as well as extremely time-consuming. Most creditors look to have you repay the debt, but if you end up ignoring them, as well as a summons, you will have no option to settle, and you will need to go to court.
Most times, creditors look to get their money back by repossessing your or home, and even garnishing your wages. This cannot be done without a default judgment, but if you do not respond to the lawsuit, then they will be awarded a judgment, by default.
If you are being pursued by Wolpoff and Abramson before a lawsuit has begun, then you should try to work out a settlement first. You may need to “give something up,” meaning offering a lumpsum settlement, 50% payment, or a payment plan. Otherwise, you can begin looking at your affirmative defenses such as the statute of limitations, or FDCPA violations.
In some cases, you can pretend that you plan to declare bankruptcy, without actually planning to do so. This can push the debt collectors to settle with you for a low amount so that they can recoup some of their debt rather than nothing at all.
In many situations, you may be able to find a few different defenses to the lawsuit. For example, you may have never received the good or service stated in the lawsuit. Additionally, if you found the goods to be defective, or the contract was legally canceled, then you are not legally responsible for the debt.
Another great defense is to ensure that the debt is correct. If they cannot prove the amount of the debt and that you owe it, with documentation, the lawsuit will be thrown out. Despite this, if the lawsuit has already been issued to you, then you will need to follow the summons instructions carefully.
After you respond to the lawsuit legally in an Answer, you will need to appear in all court appearances, You will also need to provide all the documentation that will defend you in your case. In the event that you do not give up and keep pushing through, the debt collector may give up themselves and put their effort into someone else.
It is important to know that the creditor is spending money to go to court and to sue you, therefore they do not want to drag things out too long. Typically they will have purchased your debt for pennies on the dollar, therefore losing your debt is not going to be the end of the world for them. Every case is different though, so you need to make sure that you do not do anything reckless, and take one day at a time.
This is why sometimes it can be a good idea to seek legal advice, especially if you have limited income. You may even be judgment proof, meaning that you can not have your wages garnished because you make too little.
Another option is to go to the state or county BAR association. This may provide you with a free lawyer who can help you. They might be from an organization like the National Association of Consumer Bankruptcy Attorneys (NACBA) or the National Association of Consumer Advocates (NACA). Here you have access to many lawyers because you are past help for creditor counseling.
When fighting a debt lawsuit there are many ways to defend yourself. For example, the statute of limitations may have expired. This is when debt can no longer be served with a lawsuit because of specific laws against it. The statute of limitations lasts anywhere from four years to six years on average, but it depends on the state you live in. This means some states have a statute of limitations that lasts two years, while others last 20 years.
The statute of limitations will begin on the last day you were active on the account. This constitutes making a payment, withdrawing money, or any small even $5 payoff. Many creditors and debt collectors will contact you right before your debt is about to expire, or even after. They are doing this because they want you to make a payment on the debt. This will restart the statute of limitations.
It is also essential that you realize even if the debt is past the statute of limitations, it will still go on your credit report. This will hurt your credit score. This is why you need to keep track of your debts, and settlement is a better option. Despite this, it can be a good way to have a lawsuit dropped and avoid a default judgment.
There are options available to you if you get sued for debt. You need to ensure that you look into your defense, and see how you can best avoid going to court or having a judgment placed against you. In many situations, you can make your case, and you will be able to move past and forward from the debt, to continue the rest of your life.
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.