How to Beat Mannbracken in Court
George Simons | July 21, 2022
Debt collectors ^
Summary: Is a debt collector threatening you with a warrant over an old debt? Wondering if they can even do that? Not sure how you're going to win the fight? Learn how to respond to debt collectors and win your case.
Debt collectors are known for their extreme tactics of pursuing delinquent borrowers, but there are limits to how far they can go. Firstly, debt collectors cannot issue a warrant for your arrest or have you jailed because of a debt. Secondly, you cannot go to prison for an unpaid debt.
However, a debt collector can sue you for unpaid debt and serve you the summons. Depending on the case, the judge can issue a warrant for your arrest if you fail to appear in court. You can also go to jail for failure to honor your tax obligation or child support. Therefore, it is always the right thing to respond to a court order.
This article explains what debt collectors can or cannot do during debt collection processes.
Don't let debt collectors push you around. Respond with SoloSuit.
Debt collectors cannot claim to be a government agency worker
A debt collector cannot pretend to work for a government agency, such as consumer reporting or law enforcement agencies. Many debt collectors tend to threaten borrowers with claims that they can be arrested for failure to pay their debts and may even claim to work for agencies responsible for enforcing such laws.
However, they are not supposed to falsely claim that you have committed a crime by not paying your debt on time or threaten to arrest you. Such claims would be considered illegal, and you have a right to sue them in court.
Debt collectors cannot shame you in public
Your debt and what you owe a creditor is a private matter, and a debt collector should keep it that way during the collection process. Therefore, debt collectors can't publicly publish the borrowers' names or any information about the debt. They also can't discuss the debt with any other person other than the borrower (you).
If the debt collector has difficulty finding you, they can contact people who know you only to seek your contact information, such as your phone number and address. They can't, however, call you during odd hours.
Debt collectors cannot collect money you do not owe
Many debt collectors rely on information about a debt they may have bought from a creditor to pursue the borrower. Sometimes, they may unknowingly use information that is not updated to collect the money.
Sometimes, mistakes happen as the debt changes hands among different collecting agencies, leading to missing information or wrong entries. If you have been served with a lawsuit for a wrongly recorded debt, or you believe it is not yours, SoloSuit can help you file your Answer correctly.
Use SoloSuit to respond to a debt collector in 15 minutes.
Debt collectors cannot harass you
Debt collectors can be aggressive when collecting debts from borrowers. However, you can stop them from going overboard with their tactics, as required by the Fair Debt Collection Practices Act (FDCPA). The law does not permit debt collectors to:
- Be violent against borrowers.
- Call you repeatedly in a day.
- Use profanity during their communication.
- Call you instead of your attorney if you communicated to them in writing about contacting your attorney.
- Call you at work or during working hours if you communicated to them in writing.
If you stop a debt collector from contacting you through legal means, they can do it one last time to let you know that they would no longer be contacting you. They can also contact you again to inform you of court summons if they decide to file a lawsuit.
It is always best to respond to a debt collector's first communication with you to prevent them from being too aggressive trying to reach you. At the same time, bear in mind the limits set by the FDCPA to protect you from bad debt collection practices.
Debt collectors are legally prohibited from utilizing harassment, embarrassment and other questionable tactics to collect on a debt. If you are being subjected to harassing behavior by a debt collector, you may have legal grounds to file a civil action against the debt collector, and their company, to obtain monetary damages.
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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