How to Beat Enerson Law in Court
George Simons | December 02, 2022
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
How to answer a summons for debt collection in your state
Here's a list of guides for other states.
All 50 states.
Guides on how to beat every debt collector
Being sued by a different debt collector? We're making guides on how to beat each one.
Win against credit card companies
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get answers to these FAQs
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can I Stop Wage Garnishment?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
What Is a Warrant in Debt?
How Many Times Can a Judgment be Renewed in Oklahoma?
Can an Eviction Be Reversed?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
Do I Need a Debt Negotiator?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
How to Liquidate Debt
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
How to Stop a Garnishment
Debt Eraser Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court