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How to Beat Forster & Garbus in Court

George Simons | November 16, 2022

You may have a debt, but you also have a defense.

Summary: Forster & Garbus LLP is a debt collection law firm. If you've been sued by Forster & Garbus, you have up to 35 days, depending on the state, to respond before you automatically lose. Use SoloSuit to draft and file your Answer and win the case—all in just 15 minutes!

Did you receive notice of a lawsuit from a law firm called Forster & Garbus, LLP? If you did, this article will help figure out what to do.

Getting into debt often ends up with you getting all kinds of correspondence from people and companies you may have never heard of before. Does that mean you should ignore the correspondence? Definitely not!

It is completely understandable to want to ignore collection calls and letters with the hopes that they go away. But unfortunately, that only makes your situation worse. If you get a notice that you are being sued, the worst thing you could do is ignore it. You would be wise to respond to the lawsuit right away.

In most cases, you will improve your chances of winning when you simply respond to the lawsuit. By contrast, if you ignore a lawsuit, then the debt collector will obtain a legal judgment against you. With that judgment, the collector can then restrain your bank account and/or garnish your wages.

Respond to a debt collection lawsuit in minutes with SoloSuit.

Now, you’re probably wondering exactly how you can respond to a collection lawsuit from Forster & Garbus. Don't worry, we are here to help. In this article, we will discuss who Forster & Garbus is and how you can respond if they sue you.

Now, let’s dive right in.

What is Forster & Garbus?

Forster & Garbus, LLP is a law firm, based in Suffolk County, Long Island, New York, that works primarily as a debt collection firm. They file cases against consumers who owe money to banks and credit card companies like Capital One, Citibank, Macy's, and Discover. The firm also collects on defaulted student loan debts from National Collegiate Fund, Sallie Mae, and others.

Forster & Garbus also owns a separate collection agency—using the same business address as the firm—named Professional Credit Services, Inc. Like other debt collection agencies, Forster & Garbus' debt collection company buys accounts in default for pennies on the dollar and then tries to collect on those debts.

As with many firms involved in debt collections, Forster & Garbus has had some complaints and lawsuits filed against it. Some of those complaints allege Forster used debt collection tactics that violate the Fair Debt Collection Practices Act.

If you need to reach Forster & Garbus, you can use the following contact information:

Forster & Garbus LLP
60 Motor Parkway
Commack, New York 11725
Forster & Garbus phone number: (800) 245-9943

Forster & Garbus law firm has complaints filed against it

As of 2022, the Consumer Financial Protection Bureau has received more than 100 complaints against Forster & Garbus in the last ten years. Out of 68 Google reviews, Forster & Garbus has a 2.2-star rating with some unsatisfied consumer reviews.

Some of these complaints and reviews allege some of the methods Forster & Garbus use to collect a debt violate the Fair Debt Collection Practices Act (FDCPA).

Let’s take a look at a real complaint from the CFPB complaint database:

“A company named Forster and Garbus garnished my wages for a debt that is not mine. I was never informed of this either. My employer showed me a paper and it showed an address I haven't lived at for years. I called the company and they were demanding my personal info and said they wouldnt help me if I didn't give them my info so I hung up. The paper my employer showed me was from 2007 and it was my maiden name. I was already married in 2007. I have no debt in my credit report. I am in debt consolidation and pay all of my bills.”

Knowing your rights outlined by the FDCPA can help you protect you. Keep reading to learn more.

The FDCPA gives you rights that can protect you

The purpose of the Fair Debt Collection Practices Act is to protect consumers from abusive and harassing debt collection practices. The FDCPA established regulations on the debt collection industry and created a list of rights for consumers.

Actions that are prohibited by debt collectors under the FDCPA include:

  • Calling at odd hours, such as before 8 a.m. or after 9 p.m.
  • Threatening you with arrest
  • Pretending to be a member of law enforcement or an attorney
  • Demanding more than is actually owed
  • Using profanity or other abusive language
  • Discussing your debt with anyone except you, your spouse, or your attorney
  • Calling more than seven times in a seven-day period

These are just some of the debt collection methods prohibited by the FDCPA. If you're being contacted by Forster & Garbus for an old debt, and you believe they've violated these rules you can file a complaint with the Consumer Financial Protection Bureau or the BBB.

You can also file a counterclaim for violating the FDCPA, and possibly recover up to $1,000 per violation.

What should I do if I'm being sued by Forster & Garbus?

When you get sued by Forster & Garbus, you will receive some court documents in the mail or in person called the Summons and Complaint. The Summons notifies you of the lawsuit, and the Complaint lists all the specific claims being made against you.

Responding to the Summons and Complaint is the first step you can take to beat Forster & Garbus in court.

So, how do you respond to their lawsuit? By filing a document called an Answer.

You only have up to 35 days to respond to the lawsuit, depending on where you live. If you don’t respond within the deadline, Forster & Garbus will request a default judgment against you. If the default judgment is granted, Forster & Garbus can garnish your wages and put liens on your property.

Since time is of the essence, you want to make sure to get some help. But hiring a lawyer can be stressful and expensive. Luckily, you can respond to the suit yourself with a little help from SoloSuit.

SoloSuit can help you draft and file your Answer in all 50 states.

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How to make an Answer to a Forster & Garbus LLC lawsuit

You don’t have to hire an attorney to draft and file your Answer to a Forster & Garbus lawsuit. Save yourself some time and money by using the tips and tricks listed below. You can make your Answer all by yourself.

When you are drafting the Answer to the Complaint, keep these 6 tips in mind:

  1. The Answer isn't the place to tell your side of the story in detail. Instead of using an elaborate story to respond to the lawsuit, your Answer should focus on responding to the claims listed in the Complaint document. Keep it simple. You can admit, deny, or deny due to lack of knowledge.
  2. Deny, deny, deny. Most attorneys recommend that you deny as many claims as possible, forcing Forster & Garbus to do more work to prove their side of the case.
  3. Include affirmative defenses. These are any legal reasons that Forster & Garbus should not win the case. A common affirmative defense used in debt lawsuits is the statute of limitations, which is the time period that a debt collector has to sue someone for a debt. If the debt is past the statute of limitations, then the lawsuit is void.
  4. Use standard formatting or “style”. At the head of the Answer document, be sure to include a caption where you list the court information, party information, and case number.
  5. Include a certificate of service. It's important to serve your Answer to Forster & Garbus. At the end of your Answer document, include a certificate of service when you verify the address you used to serve Forster & Garbus the Answer.
  6. Sign it. Most courts reject any legal documents without signatures, which is why this last step is so crucial.

Now, let’s take a look at an example.

Example: Brenda is getting sued by Forster & Garbus in California. She owes an old debt to a credit card company. After doing some research online, she finds out that the statute of limitations on this debt has expired. She uses SoloSuit to draft and file an Answer to the lawsuit. In her Answer document, Brenda uses the expired statute of limitations as an affirmative defense. When Forster & Garbus realizes the debt is no longer valid, they dismiss the case.

Learn more about these six tips in this video:

Can you Beat Forster & Garbus LLP in court?

The quick answer to this question is, yes. You can beat Forster & Garbus LLP in court without the help of a lawyer. Here’s how.

They Have the Burden of Proof, Not You

If you know you don’t owe a debt, or that the amount represented is inaccurate, you can respond to the lawsuit. When Forster & Garbus sues, the burden of proof rests upon them because they initiated the lawsuit.

If you respond by denying all the claims that you believe are untrue, or even partially untrue, the collector will be required to prove each one. If they aren't able to prove the you owe the debt, then you may win the lawsuit.

If you know you owe the debt, you can also try reacing out to Forster & Garbus to negotiate a debt settlement.

If you have the funds to settle the debt, try sending a Debt Lawsuit Settlement Letter to Forster & Garbus. Once you’ve reached a settlement agreement, get it in writing.

To learn more about how to reach a debt settlement with Forster & Garbus, check out this video:

What is SoloSuit?

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.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

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