You may have a debt, but you also have a defense.
Summary: Are you being sued by Enerson Law for an old debt? Make the right defense and learn how to beat Enerson Law in court.
Are you being harassed by a debt collector affiliated with Enerson Law? You might feel hopeless and ready to throw your hands in the air. After all, they are calling you constantly and might even be using threatening language.
If Enerson Law sues you for a debt that is allegedly owed, the most important thing to remember is that you have legal rights and protections. You do not have to put up with harassing phone calls and letters either. There are certain steps you can take to potentially beat Enerson Law in court.
Who is Enerson Law?
Enerson Law is a Wisconsin-based law firm that specializes in debt collection and routinely files debt collection lawsuits against consumers. Enerson Law also appears to be the designated counsel that engages in debt collection on behalf of CACH, LLC or Square Two Financial.
Use SoloSuit to respond to a debt collection lawsuit fast.
Respond to the lawsuit quickly
When Enerson Law sues you for a debt, you will be served the legal notice by a process server. If you owe the debt and you cannot pay, you could think you'll just toss it in the trash and move on. But Enerson Law will get an automatic judgment in this case, so please don't do that. And, the debt collector will add in interest and legal fees, which could double what you owe.
Once the debt collector files the lawsuit, the entire matter is in the court's hands. So, you cannot just call the debt collector at this point. Now, you need to offer a legal Answer to the lawsuit. To do that effectively, here's what to do:
- Don't admit that the debt is yours. It is important to make Enerson Law prove that you owe what they said and you're responsible for the debt.
- File the answer with your county clerk of court.
- Get a stamped copy of the legal answer from the clerk of court.
- Mail that copy to Enerson Law.
Remember to respond to the lawsuit within the period mentioned in the summons. Usually, this is 30 days. If you miss that deadline, there will be a default judgment against you. Once this happens, they can come after you, so don't let this happen!
Question their right to sue you
A very effective way to fight back is to question their right to file suit against you. By the time Enerson Law has your debt, it probably was sold at least two or three times.
They need to show that they have the right to sue you. If you don't respond to the suit, the judge will conclude that you owe the debt. But if you ask for documentation about the debt from Enerson Law, the judge will probably allow it.
The debt collector must provide the original credit agreement you signed, as well as all of the documentation going back to when you first opened the account. This will show that all paperwork is accurate and originated from the original creditor. If the debt collector cannot provide this, then the lawsuit could be thrown out.
Pick the right affirmative defense with SoloSuit and win your case.
Enerson Law bears the burden of proof
Remember that the plaintiff has the burden of proof, not you. So, they have to provide ample documentation that you owe this debt, that they have the right to sue you, and that you owe that amount.
For example, if Enerson Law states that you owe $10,000, you should request paperwork that shows when you opened your credit account and ends with the last time you paid the card or used it. The idea is to insist that they show that you owe every dime that they claim.
The paperwork they provide must show the balance increased as you used the card. It also must show that it went up with the fees that were in the credit agreement you signed. If you didn't agree to those fees, they don't have legal standing. They need to show that the balance was accurate and reflects all payments and adjustments.
Again, most debts are sold several times before they get to court, so it may be impossible for the debt collector to come up with all of this paperwork. If you make Enerson Law work hard to dig up paperwork, they may decide to move on to easier cases...ideally the ones where the consumer didn't respond to the lawsuit.
Consider using the statute of limitations as a defense
The statute of limitations establishes how long Enerson Law has to sue you for a debt. The rules change by state. Most of them have a time limit of four to six years. Note that the clock for the statute of limitations on debt collection cases starts on the day that you last had activity on the card, which includes payments or purchases. Note that you should talk to an attorney before you make a payment on a card because Enerson Law can just use that to restart the clock to be able to sue you.
If there is evidence that Enerson Law violated a provision of the Fair Debt Collection Practices Act, you could have grounds to file a counterclaim against the law firm and ask for compensatory damages.
Make the right defense the right way with SoloSuit.
Overview of what to do if you are sued by Enerson Law
Here is a general overview of what to do if you are being sued by Enerson Law:
- Write down details of any phone calls from the debt collector before 8 AM or after 9 PM. Also, note if the debt collector contacts you at work or uses offensive language.
- Be sure to file an answer within the timeframe the Court gives you.
- In the Answer, think about raising one or more affirmative defenses, such as the statute of limitations.
- Demand that Enerson Law provide you proof of the amount owed and that you are the one who is legally responsible for the debt.
- Consider filing a counterclaim if the debt collector violated the FDCPA.
Best of luck!
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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