George Simons | October 19, 2022
Summary: Is Credit Management LP suing you for a debt? SoloSuit can help you take a stand and win in court.
If Credit Management LP is harassing you with multiple phone calls and letters each day, you are probably feeling a combination of anger, frustration and stress. This is perfectly understandable since Credit Management LP and other debt collection companies are known for using unethical means to get consumers to pay what they allegedly owe.
If you find yourself in this situation, don't raise the white flag of defeat. You have legal rights and statutory protections that can help you beat Credit Management LP in court.
Credit Management, LP is a debt collection agency that collects on behalf of financial institutions and businesses in various industries. Credit Management, LP is also a subsidiary of CMI Group, which provides debt recovery and collection services via multiple subsidiaries. Specifically, they perform debt collection services under CMI Group, which contracts with the following institutions and service providers for debt collection services:
As a debt collection agency, Credit Management, LP frequently purchases old debts from big credit card companies or banks significantly less than the actual debt amount. This means that Credit Management gains a huge profit when borrowers pay off their debt to them in full. If this seems a little unfair to you, that's because it is. But it's not illegal for Credit Management to collect debt like this.
As a consumer, you should understand your rights and options so that you know what the best response to Credit Management will be.
If you're feeling frustrated by Credit Management, you're not alone. In the last three years, Credit Management LP has received 390 complaints on its Better Business Bureau profile. It also has a low rating on Google Reviews, scoring only 1.7 stars out of 5.
These complaints show just how aggressive Credit Management can be. Most of the complaint mention being contacted about a fraudulent debt, credit scores dropping because of incorrect reports, and even some violations of the Fair Debt Collection Practices Act.
Let's take a look at an example:
Example: Mark H. was contacted by collectors with Credit Management, LP who told him that he owed money for a past-due cable bill at an address he never even lived at. Obviously Mark didn't recognize the debt, but Credit Management continued to call him at least once a week, trying to get him to pay off the debt.
Credit Management LP will take advantage of you if you don't know your legal rights as described in the Fair Debt Collection Practices Act.
This complex law has many provisions that state what a debt collector can and cannot do to get money for debts. Some of the many rules they must follow are:
If Credit Management LP sues you, it's good policy to respond as soon as possible. Please don't think you can ignore the lawsuit and it will go away. This means the debt collection company wins. But there are several things you can do to get the lawsuit thrown out as you write your Answer.
Follow these three steps to respond to your debt lawsuit against Credit Management, LP:
Now, let's break these steps down in detail. Check out this video if you prefer not to read:
The first and most important section of your Answer document should include a list of responses to each allegation from the Complaint document. When responding, you should know that most attorneys advise you to deny as many allegations as possible. Here are the three was you can respond to an allegation:
Never concede to a debt collection company that you owe the debt. They must prove that the debt is yours. Don't do their job for them.
When you deny a claim, it's like asking Credit Management, LP to prove what they're saying is true. If they don't have the necessary documentation to prove their case, they will probably drop it altogether. If you just admit to everything, there is not much of a point in responding at all. In fact, failure to respond is interpreted as admitting. Fight back by denying.
In the next section of your Answer document, you need to assert your affirmative defenses. An affirmative defense is basically any weakness in Credit Management, LP's case. A common affirmative defense to use is the statute of limitations on debt. This is the deadline a debt collection agency has to sue someone for a debt. If no payment or activity has occurred on an account for a certain number of years, the debt is probably past the statute of limitations.
The statute of limitations is different in every state. If the statute of limitations expired, you could file a motion to have the lawsuit dismissed with prejudice. Just make sure you do not make any payments on a debt account until you understand the statute of limitations on that debt. Doing so will restart the clock.
Remember that Credit Management LP must prove you owe the money. So they have to prove a few things before they can legally claim the debt is yours.
If the debt collection firm doesn't satisfy these requirements, the lawsuit may be dismissed.
Also, you may even be able to get compensation and your legal fees paid by Credit Management LP if you can prove they violated federal law when they contacted you. If you are smart and aggressive, you can walk away without owing a dime and have the debt collection company pay your legal fees.
Last, but certainly not least, you should file your Answer with the court before the deadline, which can be anywhere from 14-35 days depending on which state you live in. Your Answer should be professional and include your signature at the bottom. Usually, you can mail your Answer for filing or drop it off in person.
Some courts require that you file electronically online.
Some courts also charge a filing fee to enter your Answer into the case. This is a pretty lame practice, but unfortunately, many states have statewide filing fee laws.
After your Answer is filed with the court, make a copy and send it to the attorneys representing Credit Management, LP. Their address should be listed on the Summons and Complaint documents. Make sure to send it via USPS certified mail with a return receipt requested. This will serve as proof that you sent everything correctly.
We have covered a lot of ground, but here's a quick summary of what you should do if Credit Management LP sues you:
These are proven methods to beat Credit Management LP. Remember to file a countersuit if they may have violated the FDCPA.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
"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
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.