What to Do If You've Been Sued by Unifund

Chloe Meltzer

October 19, 2021

Win in court against debt collectors.

Summary: Are you being sued by Unifund for an old debt? Learn what you need to do to beat Unifund in court.

If you have received correspondence in the mail from a company called Unifund, you might be worried or confused. Whether you are being sued or you have been sent a collection letter, it is important to understand what you are dealing with.

Many consumers have been sued by Unifund over the years. In 2018 they brought more than 1500 cases to the New York Civil Courts alone. Following this, in January 2019 they brought almost 400 lawsuits to trial.

If you are being sued by Unifund, know that you have options. You simply need to learn what your best defense is.

Make the right defense the right way with SoloSuit.

Who is Unifund?

Unifund LLC might claim that you owe them money, even if you have never borrowed anything from them. You may have never even heard of them before. This is common because Unifund CCR is a company that buys old debts from other creditors. For example, if you have fallen behind on your credit card payments in the past, your debt may be purchased by Unifund. They will then own your debt and will look to collect the remainder of the balance.

In some cases, Unifund may claim you owe a specific amount. Although you could simply pay this back, many times you may not need to pay this in full. It is important to obtain all of the information regarding the case to determine the true amount owed. This can be done using one of the following defenses:

  • Debt does not belong to you
  • Balance is wrong
  • The statute of limitations has expired
  • Debt has already been paid
  • You are a victim of identity theft
  • You believe that Unifund is not the owner of the account

Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.

What to do if you've been sued by Unifund

Gather information on the lawsuit

If you are being sued by Unifund, then you know that they are not your original creditor. In many cases, your debt may have been sold once, or even multiple times. Even if you recognize the debt, you should still gather information about it. Your debt may be an old bill that you have forgotten about, and this is considered a zombie debt. In some situations, a debt collector may work to revive this debt, but we will touch more on this later.

When gathering information there are a few key things to look out for. First off, you want to look into anything that you received in the mail. This will include the validation letter that the debt collector is legally required to send.

You should be able to understand a few key pieces of information:

  • Who the creditor is
  • If the amount is accurate
  • If you owe the debt
  • If the name and account number is correct
  • Whether the debt is past the statute of limitations

Once the statute of limitations has expired, it means that the debt is considered “time-barred.” After this period, it means that you can no longer be legally sued. Despite this, some debt collectors may still try to get you to revive the debt. This is technically in violation of your consumer rights, but if you pay on any time-barred debt it will restart the period of the statute of limitations. It is important to note that you will still be required to pay the debt, but you cannot be sued for the debt.

Don't ignore debt collectors. Respond fast with SoloSuit.

Respond to the lawsuit promptly

The worst thing you can do is ignore a lawsuit. Instead, you should respond to the lawsuit within 20 to 40 days, as defined on the paperwork that you were served with.

If you do not respond to the lawsuit you are at risk for wage garnishment, have money taken from your bank account, or be at risk of your property being seized. You will also lose the ability to dispute the debt in any way. This is why responding to the lawsuit in an organized manner is the best chance for winning your chase.

Defend yourself at the debt collection hearing

If you have been assigned a court date then you will need to show up to defend yourself. If you do not show up, you will be considered to be admitting guilt. Instead, arrive and make your defense, or try to work out a deal with Unifund.

You have a few options for your court case. If you believe that you do owe the debt, then you can attempt to pay or settle with the creditor in some way. This can be done by setting up a payment plan that will help you to slowly pay off the debt. Another option is to settle the debt for less than you originally owed.

In many cases, the creditor will agree to this because they want to get paid in some way. They also typically purchase your debt for pennies on the dollar. Therefore, they aren't losing anything to settle for less.

If you believe that you should not have to pay for the debt then you may be able to use an affirmative defense. This might include your debt being unenforceable, or that you had canceled the contract in the legal time frame. Additionally, if you believe that you do not owe the debt, you can simply ask them to prove your responsibility. If they cannot prove it, you will win your case.

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

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