How to Beat Comenity Bank Debt Collection
Chloe Meltzer | December 02, 2022
Fight back against debt collectors.
Summary: Is Comenity Bank suing you for an old debt? Don't let them win without a fight! You can beat Comenity Bank in court!
Calls, mail, or lawsuits from a debt collector is never something that you want to deal with, but it happens and is more common than you might think. The Consumer Financial Protection Bureau states that more than 70 million Americans have dealt with debt collectors. Out of this number, 25% felt uncomfortable, harassed, or threatened during these times.
Oftentimes debt collection agencies use certain language to scare you. Although this is completely illegal, it is used to generate fear to try and force you to pay. A debt collector can garnish your wages, and this may feel scary. If you know your rights then you can use their illegal actions to your advantage. Understanding what happens when you are served for papers, and how to take the steps to prepare to defend yourself, is essential.
Protect your wages from garnishment by filing a response with SoloSuit.
What is Comenity Bank Debt Collection?
Comenity is the bank behind many common credit cards. Located with their headquarters in Columbus, Ohio. Comenity has around 50 million card members. If you have ever applied for a credit card with Abercrombie & Fitch, Ann Taylor, Bed Bath & Beyond, Crate & Barrel, New York & Company, Pottery Barn, Victoria's Secret, West Elm, or another similar store, then this is who the card is operated through.
How to Beat Comenity Bank Debt Collection in Court
Respond to the Lawsuit or Debt Claim
Although it may be tempting to avoid responding to a debt collection lawsuit, one of the biggest mistakes made by debtors is not responding to the claim. This claim will come in the form of a letter notifying you of the debt. If you owe the debt and cannot pay it, you still need to respond. This will only give Comenity Bank Debt Collection a default judgment against you.
Avoid a Default Judgement
Default judgments allow multiple avenues of collection for debt collectors. This involves:
- Wage garnishment
- Taking money directly from your bank accounts
- Adding attorney's fees, court costs, and interest
- Placing a lien on your property
Tips for Your Response
When a debt lawsuit is placed into action it means you can no longer simply respond via phone. You will need to send a legal letter that is called an Answer. Tips for sending your answer include:
- FIle an answer Clerk of Court
- Never admit responsibility
- Ask for a stamped copy of the Answer from the Clerk of Court
- Send the stamped copy certified mail to the plaintiff
- Respond within the amount of time outlined which is 20 to 30 days
Don't let debt collectors push you around. Respond with SoloSuit.
Challenge Comenity Bank's Right to Sue
One way to respond to a debt lawsuit is to challenge the legal right to even file the lawsuit against you. Although Comenity is usually only the second person to hold your debt, there is still the chance that they may not have the proper chain of paperwork to back up ownership.
Typically when it comes to debt collectors your debt has been passed around and sold more than one time. If an entity owns a debt, they have to legally show that they have the right to be pursuing a lawsuit against you. If you do not respond to the lawsuit you will not have the chance to ask for this proof, and your non-response is considered an “admission of responsibility”.
Instead, you can ask for documentation to prove that you can legally be sued for the debt by a specific debt collector.
What to Ask For
- Signed credit agreement
- Chain of custody showing where the debt came from and the right of ownership
- Proof that you are responsible for the debt
- Proof that they have the right to sue you
- Proof that you owe a specific amount
Proof of the above may include:
- An indication that the balance was increased after you made purchases
- The balance being increased due to fees that you agreed to in the original credit agreement
- Records of an accurate depiction of the balance including all previous payments and adjustments
Check on the Statute of Limitations
The statute of limitations governs how long a creditor can legally sue you for debt. The rules vary based on the state and the situation, but most often the average is four to six years. In some extreme cases, such as New York, the statute of limitations is up to 20 years.
These periods begin on the last date that you were active on the account. This means that the last time you used a credit card, obtained funds from a loan, or made a payment count as activity. This is why you should not pay on any older debts, even if a creditor makes you some type of promise.
Because making a payment restarts the clock on your debt and starts the statute all over again, you may have noticed a debt collector pushing you to make payments. Although they may disguise this as a way to get them off your back, it is quite the opposite.
Make the right affirmative defense and win your case with SoloSuit.
Should You Hire an Attorney?
Although some people look to hire an attorney, it is not always financially feasible. What is good to note is that many attorneys offer free consultations which can give you some insight into your case. Attorneys also often work on a contingent basis, only paying themselves out of your case funds. If there is not much of a countersuit, you may not have a reason to hire an attorney.
Filing a Countersuit
Debt collectors that violate the Fair Debt Collection Practices Act, known as the FDCPA, may be required to pay up. This is because various practices are not legal, but debt collectors still practice them. These include harassment, calling at odd hours, and lying about who they are. If this has happened to you, you may benefit from working with a lawyer on a contingent basis.
Regardless of the situation, you will need to do what works best for your situation. Look through your options, never admit guilt, and know your rights.
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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