Chloe Meltzer | August 16, 2022
Summary: Is Daniels, Norelli, Cecere & Tavel P.C. suing you for a debt? SoloSuit can help you take a stand and win in court.
If you have received a notice that you owe a debt, or worse, that a lawsuit has been brought against you, it can be a stressful situation. You may have no idea where to start, but the best thing to do is to understand who you are being sued by and what your options are.
Here's everything you need to know about Daniels, Norellis, Cecere & Tavel (DNCT) and how to beat them in court.
Daniels, Norelli, Cecere & Tavel, P.C. is a a law firm that handles debt collections and judgments from original creditors. The firm specializes in debt collection accounts and lawsuits.
Most of the time when you speak to someone at DNCT, you are not speaking to an attorney. Typically you will be speaking to a debt collection agent. However, they are a licensed law firm that has licensed attorneys on staff. This is why you need to raise valid legal defenses to any of the lawsuits they have filed, or plan to file.
As of 2022, the Consumer Financial Protection Bureau has reported 14 complaints against Daniels, Norellia, Cecere & Tavel PC. Some of these complaints suggest that DNCT struggles to follow the regulations outlined by the Fair Debt Collection Practices Act (FDCPA).
Let's take a look at a real example.
Example: One consumer, who we will call Tony in this example, reported a concerning debt collection tactic by Daniels, Norelli, Cecere & Tavel PC. The firm sent a letter, addressed to Tony, to an address that he had never lived at. The address belonged to Tony's friend. This is a violation of the FDCPA because debt collectors are prohibited from discussing a debt with anyone except the consumers, their spouse, or their attorney. Tony wasn't sure how DNCT found his friend's address.
Knowing your rights under the FDCPA can help you protect yourself from unfair and abusive debt collection practices. Read on to learn more.
The rules and regulations listed in the Fair Debt Collection Practices Act (FDCPA) are designed to help protect you and the general public from being harassed and subjected to unethical collection tactics by overly aggressive debt collectors. If you are being hounded by a debt collector with DNCT, there is a good chance they may have violated a provision of the FDCPA.
The Fair Debt Collection Practices Act (FDCPA) is a federal law establishing what debt collectors can, and cannot, do in their efforts to recover on a debt. For example, the FDCPA states that debt collectors are not allowed to harass debtors or use any unfair means to collect their debt.
Unfortunately, many debt collectors are notorious for ignoring the rules and regulations outlined in the FDCPA. This is why you need to gain an understanding of your rights and protections under this federal law.
Under the FDCPA, Daniels, Norelli, Cecere & Tavel, P.C. is prohibited from:
If Daniels, Norelli, Cecere & Tavel PC violates any of these guidelines, you can use it as evidence in your defense in court within one year. The violation does not count as evidence after one year.
A successful ruling may have you compensated for damages. If there is no proof of damages, you may be awarded up to $1,000 and any court and attorney fees reimbursed.
If you have received a Summons and Complaint from Daniels, Norelli, Cecere & Tavel PC, then you need to begin preparing documents and legal defense. If you do not respond to the lawsuit in the right time period (14-35 days, depending on which state you live in), then a default judgment will be entered against you. This will eventually lead to wage garnishment, frozen bank accounts, or a lien on your property.
The first step involves a debt collector filing a Complaint with the court, then you will receive this Complaint in the mail along with a Summons. The Summons notifies you of the case and the parties involved. The Complaint will tell you why the debt collector is suing you and how much they are suing you for, and it will also contain a list of allegations being made against you. This list will include how much you owe, interest, attorney fees, and court costs. The Summons will also provide you information about when and how you can file a formal response in court, as well as your court hearing.
If you are served with a lawsuit for a debt and you are not sure if it belongs to you, then you may be a victim of identity theft. You should find as much proof as possible to show that this debt does not belong to you. You can also ask for proof that the debt belongs to you as well.
When being sued by a debt collector or buyer, such as DNCT, then your debt may have been sold once or twice. This can be positive, because when your debt changes hands some of the vital information can be left behind. This information may be needed to prove that the debt belongs to you, which is required for you to be sued. This is why you need to gather as much information as possible.
Look for the information you received in the mail such as:
The statute of limitations on debt is a time period set by your state, typically between four to six years, during which a debt is valid and collectors can sue over it. After the debt has passed the time period listed on your state's statute of limitations, you can no longer be sued for the debt. This is because the debt becomes “time-barred.”
The statute time period will start on the last day you were active on the account, which means you must avoid paying on the debt or borrowing more money, otherwise, the time period will restart.
If DNCT is suing you for a debt, you should have received some legal documents in the mail called the court Summons and Complaint. The Summons notifies you of the lawsuit, and the Complaint lists the specific claims that DNCT is making against you. The first step to winning your case is to respond to the Summons and Complaint by filing a written Answer. Here's how.
Follow these three steps to respond to a debt lawsuit against Daniels, Torellia, Cecere & Tavel:
Use SoloSuit to represent yourself and draft an Answer in minutes.
To learn more about these three steps, check out this video:
Going to your debt collection hearing is essential. If you do not go to your hearing then you will automatically lose your case and the debt collector will award a default judgment against you. If you believe that you do owe the debt you have a few choices.
The first is to set up a payment plan with the debt collector before your hearing. You will be required to pay regular payments until it is paid off. Another option is to settle the debt for less than you originally owed. It is called a settlement and typically requires a lump-sum payment.
There are cases where you may have incurred the debt, but you do not think that you should have to pay. In this case, you may refuse to pay a debt for a few reasons. This might be that the product you bought was defective or never delivered, or that the debt contract was unenforceable.
There are many other affirmative defenses that you can bring to the court as well. Affirmative defenses include:
Whatever your reasons for believing that you should not need to pay the lawsuit, you must respond in the appropriate amount of time, and assert your defense. This is the best chance you have at being able to beat Daniels, Norelli, Cecere & Tavel, P.C. in court.
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.