When creditors come for old debts ^
Summary: Is Provest Law suing you for a past due balance? Find out how you can win against them in court.
If you have been served with a debt lawsuit, your time to send a debt validation letter has expired, and it is time to get serious about defending yourself in a lawsuit. Although you might believe that sending a debt validation letter may pause the court case, or even act as an Answer, this is not the case.
After you are sued by a debt collector, such as Provest Law, you need to get started on your Answer as soon as possible. If you do not answer then you will automatically lose your case and be given a default judgment. This can allow the debt collector to garnish your wages and take money directly from your bank account to satisfy the debt.
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Prepare an answer to the summons and complaint
When you are served with a debt collection lawsuit you will be given a Summons and Complaint. In these papers you want to look for the following:
- When your court date is.
- Certification that you were served.
- Instructions for answering the complaint, this might be a form to fill out.
- Evidence the collection agency is providing. This might include affidavits from the collection agency or documents from your original creditor.
- List of allegations.
The most important thing you can do in a debt collection lawsuit is to send an Answer to the Complaint. This means you need to be aware of the due date and be sure to send it before it is up, which is between 20 to 40 days.
After you find the paperwork that contains the complaint, you will need to reply and state whether or not you agree with being sued for debt. If you want to fight the lawsuit, then you can explain why you feel you should not be sued. Answering the complaint is your best chance at fighting the debt even if you do not answer using legal jargon. Be sure to reply within the allotted time or you will automatically lose the case and have a judgment placed against you.
Don't let debt collectors push you around. Use SoloSuit to file a response fast.
How to use affirmative defenses
Affirmative defenses are legal reasons why you believe that the complaint should be thrown out of court. These affirmative defenses should be listed at the bottom of your answer after you respond to the allegations. Some of these affirmative defenses include:
- Failed to state the basis of the lawsuit: If this affirmative defense you are stating that the debt collector did not cite a law that was violated meaning there is not a legal reason to sue you.
- Debt is time-barred: This means that the statute of limitations has passed. The statute of limitations governs how long you can legally be sued for debt. This may range anywhere from two to 20 years, but on average is anywhere from four to six.
- Plaintiff lacks legal standing: If the plaintiff has failed to provide legal evidence that they own and can legally collect your debt, they lack legal standing. This typically occurs when the debt collector cannot prove they purchased or were assigned the debt.
Filing your answer with the court
After you have created your Answer, it needs to be filed with the right people. This means you need to send a copy of your filed answer to the courts, as well as the lawyer listed in the complaint. Sometimes you might be sued by a lawyer who is collecting on behalf of a debt collector, or you may be sued by a lawyer who has purchased your debt. Be sure to send this within the time frame of your Answer and by registered mail to ensure you know when it arrives. You can also take them directly to the court and file them with the clerk of court.
Make the right defense with SoloSuit and beat creditors in court.
Requests for discovery
In some instances, you may need to file a counter-suit along with your answer. This happens when you feel that the debt collector has violated the FDCPA. You can also ask for a “discovery” which is a request for disclosure of information and documents. This needs to be sent with your Answer. Because this is not the case in every court, you will need to find out what the rules are where you are being sued.
Most courts have online instructions and information so that you can understand what will be expected of you during your debt collection lawsuit. Be sure to read these instructions and know what to expect for your case.
Evidence included in the summons and complaint
When it comes to your summons and complaint often you may be given exhibits, which are documents that are essentially evidence. These might be credit card agreements or affidavits of debt. Most often you can object to this evidence and get it thrown out because it is considered “hearsay”. (Especially if you have digitally signed). If you can get this evidence thrown out, then there will be no evidence to prove the case against you. This means you will beat Provest Law in court.
Respond to debt collectors in 15 minutes and win your case with SoloSuit.
Tips for filing your answer
Most often everything will go through the mail when it comes to your debt collection lawsuit. This means you will not need to go in to file your Answer. Instead, everything should be sent through certified mail, with a return receipt requested. One should go to the court, and the other to the lawyer (in this case, Provest Law). You should also send a self-addressed stamped envelope and one extra copy. In case you make a mistake this can save you in your response to avoid a default judgment.
Being sued for debt is never a good situation, but you can save yourself from being served a default judgment, simply by responding. This will save you from wage garnishment and will keep your assets protected. Whatever you do, never admit fault for the debt, and always ask the debt collector to prove your responsibility for the debt, and their right to sue.
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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