Chloe Meltzer | December 02, 2022
Summary: Are you being sued by Dodeka LLC? Not sure what to do next? Find out how to respond to a debt collection lawsuit and win in court.
If Dodeka LLC has filed a lawsuit against you, then you will need to know what to do, but also what not to do. You can not assume that the debt collector will simply throw out your case or forget about you. This will not happen. Instead, matters will only get worse.
If you do not respond to a debt collection lawsuit then you will be given a default judgment against you automatically, which will lead to wage garnishment and bank account levies.
After you have noticed that you are being served with a debt collection lawsuit, you will need to respond quickly. You will only have anywhere from 20 to 30 days to respond to the lawsuit. This is specified on your summons and complaint. Do not rush your response, but you also should not procrastinate.
You will need to respond with a legal “Answer”. This needs to be done in a specific fashion and sent in properly. If you rush your answer and key information is missing, then you won't be able to revise it. This is why you need to begin your Answer as soon as you know that you are being sued for debt.
In some cases, you might freak out while initially being sued for debt. This can lead to divulging a bit too much information about your finances to the debt collector. This is a very bad choice, and not how you should approach a lawsuit with Dodeka LLC.
Most often you do not need to be giving information to a debt collector unless it passes through the courts first. You should also be sure that the requests for any documents are justified by the courts. Do not provide any of the following:
Your responses should only include what you can pay, but only if you are trying to negotiate a settlement.
Once a lawsuit has been filed against you all communication should be in writing. This is essential because you need to have a paper trail. At this point in the lawsuit, you should not be contacting their lawyers by phone. This could reveal information that may damage your case. Additionally, phone calls are not a legal response to a summons.
There is also no chance to make a settlement by phone, so you will need to have this in writing. Otherwise, you will still be legally responsible for the whole amount. You need to ensure you get any type of correspondence in writing.
Debt buyers and debt collectors, such as Dodeka LLC, engages in many unfair debt collection practices. This might include filing lawsuits against consumers who are already paying off the debt through a payment plan, or debts that are past the statute of limitations.
The statute of limitations barres the time that a debt may be collected. What most consumers don't know is that this means once the statute of limitations expires, you can no longer be sued for a debt. Because of this, many consumers will be tricked into paying small payments on the debt, which restarts the statute of limitations.
What you need to know is that monthly payments do not prevent a debt collector from charging you fees or penalties on unpaid balances. It also does not prevent them from winning a judgment against you. Additionally, making these payments could put an unnecessary financial strain on you, only for you to eventually have a default judgment placed against you.
If you are offered a settlement, then the debt collector is typically focused on the unpaid amount. In this case, you are most likely not going to be given credit for any payments made during the lawsuit. If your case is dropped, then you may not even need to pay back the debt at all.
If a debt collector has claimed you owe a specific amount, do not confirm nor deny this. This might be true, but it does not mean you need to confirm that. If you mention that you agree or confirm the debt then you will be on the hook for it regardless of your affirmative defenses. This means that you are agreeing to pay what they are asking for which typically includes fees and penalties.
If you do not dispute the amount of the debt, then you will be on the line for the entire amount. This is one of the biggest mistakes made after not responding to a lawsuit. This allows the debt collector to win without asking for proof of its accuracy.
One of the most important legal rights you have as a consumer is to ask for debt verification. This means that the debt collector has to verify the amount they are asking for and prove it is accurate. Even after the lawsuit has been filed you have the right to ask for this. One good reason to ask for this is that they could be making up an amount with no legal proof.
In most cases, a debt collector only buys your debt with a small amount of information. They also buy it for pennies on the dollar. This means that they only know that you owe an amount but maybe not even how much. They often do not even purchase the support documents they need to legally sue you in court. If they cannot legally verify the debt then their options are limited and they will either settle the suit or drop it altogether.
When you are in court fighting a debt collector like Dodeka LLC you need to be vigilant. Answer the summons, never admit fault, and be sure to get debt verification. This is how you beat Dodeka LLC in court.
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.
"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
Here's a list of guides for other states.
Being sued by a different debt collector? We're 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.