When creditors come for old debts ^
Summary: Is Paragon Revenue Group suing you for a past due balance? Find out how you can win against them in court.
Is a debt collector such as Paragon Revenue Group harassing you for a debt you owe? It's easy to feel hopeless and ready to toss in the towel. After all, they call you all the time and just won't let up.
It could get to the point where Paragon Revenue Group will file a debt collection lawsuit against you. Just remember that there's hope and you can fight them. They want you to think that everything is against you and you're powerless. You see, they WANT you to ignore the lawsuit in many cases! If you do that, they get a default judgment and they can garnish your wages and levy your bank account. Plus, you'll probably owe thousands more in interest and legal fees.
So ignoring the lawsuit isn't an option, if you're smart. So what do you do? Keep reading to find out!
Avoid a summary judgment by filing a response with SoloSuit.
Importance of responding to the debt collection lawsuit
When Paragon Revenue Group sues you, you will get notice of the lawsuit from a process server, who usually comes to your home. If you owe this debt and cannot afford to pay up, it's easy to toss the lawsuit in the garbage and forget about it. As we noted earlier, you lose automatically if you do that and the debt collector can come after you hard for what you owe.
Once they file the lawsuit, the matter is in the hands of the court. You won't be able to write or call the debt collector to work things out. Now you have to provide a legal Answer to the debt collection lawsuit. To do that, here's the plan:
- Never admit that you owe the debt. Make Paragon Revenue Group prove that you owe it and that you're responsible for it.
- File your legal Answer with your clerk of court in person.
- Get the stamped copy of the Answer from your clerk of court.
- Mail that copy with return receipt to Paragon Revenue Group.
It's important to respond to the suit within 20 or 30 days, whatever the lawsuit documents say. If you respond too late, you will have a default judgment against you, so please don't let this happen.
Make the right defense the right way with SoloSuit.
Question if they can sue you
A great way to fight Paragon Revenue Group is to question whether they have the right to sue. By the time the debt is with them, it's probably been sold a few times. They need to prove they have standing to sue you. If you don't respond, the court will assume you owe the debt. But if you ask for documentation, the judge will usually allow it.
Paragon Revenue Group needs to provide the credit agreement you signed when you opened the account, as well as all paperwork that dates to when you opened it. This will indicate that the paperwork is accurate and came from your creditor. If Paragon Revenue Group cannot provide this paperwork, the lawsuit might be dismissed.
Paragon Revenue Group bears the burden of proof
Keep in mind that Paragon Revenue Group has the burden of proof, not you. So, they must provide paperwork that you're responsible for the debt, they have standing to sue, and that you owe that exact amount.
For instance, if the debt collector says that your debt is $5,000, you should ask for documents that show when you opened the account. Also, ask for paperwork that shows the last time you made a payment or used the card. The idea is to make them show that you owe everything they claim.
The paperwork they show must indicate the balance went up as you used your card. Also, it must show it increased with charges and fees that were listed in the credit agreement. If you did not agree to what they charged, they don't have standing to sue you. They also must show the account balance was accurate and shows all adjustments and payments.
Remember that most debts are sold by the creditor before they end up in court, so the debt collector may have trouble coming up with this documentation. If you make Paragon Revenue Group work to find all this paperwork, they could give up and go to easier cases, such as the ones where the consumer didn't respond to their lawsuit.
Use SoloSuit to choose the right affirmative defense.
Has the statute of limitations expired?
The statute of limitations indicates how long Paragon Revenue Group has to file suit against you. The rules vary by state, but most have a statute of limitations of four to six years. Keep in mind that the statute of limitations on a debt collection case begins on the day you last used the account, which means when you made a purchase or payment. Keep in mind that you should speak to a lawyer before you make any payment on a card in collections; the debt collector can just use that to begin the clock again so they have more time to sue.
Consider filing a countersuit based on an FDCPA violation
If you received phone calls from a representative with Paragon Revenue Group extremely early in the morning or late in the evening, or your work supervisor was contacted by an agent with Paragon, you may be able to file a countersuit based on violations of the Fair Debt Collection Practices Act.
Overview of what to do if you are sued by Paragon Revenue Group
Here is what you need to do if you receive a debt collection notice or debt collection lawsuit filed by Paragon Revenue Group:
- Keep track of any phone calls made by a debt collector affiliated with Paragon that occurred prior to 8:00 A.M. or after 9:00 P.M.
- Keep track of any phone calls that were made to your workplace by Paragon related to your alleged debt.
- Keep track of any vulgar or inappropriate language used by the debt collector when they speak with you.
- Make sure to file your Answer to the Complaint on time.
- In your Answer, make sure to raise affirmative defenses like the statute of limitations and demand that the debt collection company provide proof of the specific amount owed.
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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