What to Do If You've Been Sued by Troy Capital
Chloe Meltzer | October 19, 2022
Debt collectors ^
Summary: Has Troy Capital threatened to have your wages garnished over an old debt? Not sure how you're going to win the fight? Learn what to do to win your debt collection lawsuit.
Debt collectors are employed to collect debts that are owed to creditors, but they are also required to follow laws that regulate those collections. In the event you are being sued you should know how to handle the situation and also know if you are being taken advantage of. Different laws pertain to original creditors versus third-party companies.
Who is Troy Capital?
Troy Capital LLC is a buyer of old debts. If you have seen Troy Capital LLC on your credit report, or if you have been served with a lawsuit under this name, then you need to understand who you are dealing with.
Handling thousands of collections lawsuits each year, Tory Capital LLC does not do it all on its own. They hire collection attorneys to file the lawsuits and finish the case. In many cases, they also use a “business record affidavit” as a witness. This helps to prove their case against you.
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How Troy Capital gets your information
If there happens to be a company you have never spoken to that is contacting you about your debt, you might think it is a scam. Alternatively, you might not think it is yours. Despite this, it could be a company that has been contracted out to approach you for debt.
There are various places that Troy Capital or a contractor could have obtained your information. It might be from an original creditor or even your credit report. They might be able to obtain your information from a simple internet search.
If Troy Capital obtained your information from your original creditor, then they will have a variety of personal details about you. This might include your address, how much you owe, and the name of the original creditor. Legally you can ask for all of this information, and ask them how they obtained it. There should be no secrecy involved.
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How to handle debt collectors
Respond to debt collectors quickly. Debt collectors like Troy Capital, or anyone they contract, will contact you until your debt is paid. Therefore, ignoring any type of debt collector is a bad plan. This will only push your credit score lower and cause more damage. Additionally, if you do not respond, the debt collector will be given an automatic judgment against you.
Ask for more information about the debt. You must never admit the debt is yours. If you do, you will automatically lose the case. Despite this, be sure to get as much information as possible regarding the debt before you make any kind of deal.
For example, you should find out the following:
- Who the original creditor was
- The original debt amount
- How much is owed
You should ask for as many details as possible. You should especially look into whether or not the statute of limitations has expired. This is important because in this case, the debt collector can no longer sue you for the debt. If you do owe the debt you can never confirm it, otherwise, it will restart the statute of limitations. Then, you can legally be sued for debt again.
Ask for proof of the debt. The best defense while working on a debt collection case is to ask for proof. This might include asking for a letter regarding your outstanding debt, as well as who the original creditor is, and how much you owe. You should also ask for information on how to dispute the debt.
Although the debt collector might have a lot of information about you, avoid giving them any more. You should avoid sharing any extra information over the phone, and never indicate that you can pay, or that you plan to pay the debt. Instead, ask for them to prove your debt as much as possible.
Try to negotiate the debt. There are two options that you will have after receiving proof and verification of the debt. These two options are to negotiate or settle the debt. You can see if the debt collector will settle for a portion of the cost as long as you pay some of it upfront. If they want all of it due, then you can ask to be placed on a payment plan.
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Your rights when dealing with a debt collector
Debt collectors have a job to do, but they need to do so under the law that governs their profession. The following rules must be respected:
- Specific hours of contact: Debt collectors may only call between the hours of 8 am to 9 pm.
- No calls at work: If it is not allowed, debt collectors may not call you at work.
- You can request a callback number: If a legitimate company is coming after you for debt, then they are required to explain who they are. This includes company information, as well as a number to call back.
- No harassment or lying: Debt collectors may not force you to pay more than you originally owed, and cannot threaten you with any jail time, or wage garnishment if this is not legitimate.
Should any of these rules be violated, you should report it to the Federal Trade Commission and the Consumer Financial Protection Bureau.
When it comes to getting calls from debt collectors, you need to know your rights. Be sure to avoid admitting guilt for the debt, and also know how old your debt is. Should it be past the statute of limitations in your state you cannot be sued for it.
Rather than ignore debt collectors, ask for proof, and make them prove your debt. Avoid giving more personal details to avoid resetting the clock on old debt. Eventually, you might be able to settle and become debt-free. There is always hope.
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.
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>>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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