Win in court against debt collectors.
Summary: Are you being sued by Moss Law Firm over a past due balance? Not sure what to do next? Find out how to respond to a debt collection lawsuit and win in court.
Being harassed by a debt collector is oftentimes stressful and anxiety-inducing. Many debt collectors, including individuals affiliated with the Moss Law Firm, might resort to using aggressive and inappropriate tactics to get you to pay what they think you owe. This is why debt collectors with the Moss Law Firm may call you all day and night and even contact you via email in the hopes of breaking your spirit and getting you to pay.
Who is Moss Law Firm?
The Moss Law Firm is based in Lubbock Texas and focuses almost exclusively on debt collection. The firm used to be known as Allen L Adkins and Associates but recently changed its business name to the “Moss Law Firm.” They are known for filing thousands of debt collection lawsuits against consumers on behalf of Citibank. With the firm's focus on debt collection, they have earned a reputation from consumers for utilizing inappropriate and questionable tactics to try and collect on debts.
For example, many consumers have reported that attorneys working for the Moss Law Firm have used aggressive communications that violate federal law. Other consumers have filed complaints with the Better Business Bureau and Consumer Financial Protection Bureau indicating that the firm tried to collect on debts that the consumer does not owe. If the Moss Law Firm contacted you about a debt that you allegedly owe, do not throw your hands up in despair. You could very well have grounds to contest their lawsuit and beat them in court.
Use SoloSuit to pick the right defense and win your case.
The FDCPA protects you from harassing debt collectors
The Moss Law Firm may try to take advantage of you by violating the rights and protection that you have under the Fair Debt Collection Practices Act. This act states the rules and limits that apply to debt collection companies like Moss Law Firm. Some of the rules include:
- An attorney with the Moss Law Firm cannot call or write to you at work.
- An attorney with the Moss Law Firm may not use rude or vulgar language when it communicates with you by phone or mail.
- An attorney with the Moss Law Firm cannot threaten to sue you.
- An attorney with the Moss Law Firm cannot contact you before 8 am or after 9 pm.
You can defend yourself if you are sued by the Moss Law Firm
If someone affiliated with the Moss Law Firm files a debt collection lawsuit against you, it is important to respond appropriately and to do so promptly. Do not throw away the notice and assume that the lawsuit will go away. It will be there even if you throw the lawsuit notice in the trash. It just means you raised the white flag and are letting them win. You should not do this and you have other options.
Here are some things to remember as you write an Answer to the lawsuit:
- Never admit that you owe the alleged debt.
- The Moss Law Firm bears the burden of proving that you owe the debt, so do not make their job any easier by agreeing to any aspect of their claims.
- File your Answer with the appropriate clerk of court within 20 or 30 days of receiving the notice; the time limit for your response will be noted on the document.
- Mail the answer that you have stamped by the clerk of court to Moss Law Firm.
Don't let debt collections push you around. Respond with SoloSuit.
Try these effective affirmative defenses in your answer
When you draft your answer in response to the debt collection lawsuit filed by the Moss Law Firm, you will have the chance to address several deficiencies in their argument. Always remember that debt collectors have to show that you owe what they claim you owe. This means the Moss Law Firm has to prove the following before you must legally repay the debt:
- The Moss Law Firm has the right to sue you.
- You are the one who owes the debt.
- You owe what is stated by Moss Law Firm in the complaint filed with the court.
If the Moss Law Firm fails to meet these guidelines, it means you can win in court and could get the lawsuit dismissed.
Depending on the case circumstances, you could assert that the Moss Law Firm did not file the debt collection action within the statute of limitations for your state. The statute of limitations lays out how much time someone has to file a suit against you. Depending on the lawsuit and state, the time limit can be from one to five years.
If the facts show that the Moss law firm sued you and the statute of limitations ran out, you may file a motion to have the legal action dismissed with prejudice.
Also, you may want to think about filing a countersuit. Though, it is important to note that you need evidence indicating that someone with the Moss Law Firm violated a provision of the FDCPA.
For example, a voice message from a debt collector reflecting an attempted call very early in the morning or extremely late in the evening could be used as evidence to file a claim against the firm that would enable you to pursue compensatory damages.
Make the right affirmative defense with SoloSuit and win in court.
What to do if you are sued by the Moss Law Firm
Here's the bottom line on actions to take if Moss Law Firm sues you for debts you allegedly owe:
- Write down all phone calls that Moss Law Firm makes before 8 am and after 9 pm. Also, note if they call you at work or use vulgar language. These actions are illegal and you can sue them back.
- Be certain to file your legal answer within the timeline that the complaint states.
- In the answer, think about raising one of the defenses we mentioned above, such as the statute of limitations. Also, demand that Moss Law Firm give you proof that you owe what you say you owe.
These are ways that you can beat the Moss Law Firm at the debt collection game. You have an array of legal options. You just need to know what the rules are and how to use them correctly.
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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