Chloe Meltzer | December 02, 2022
Summary: Are you being sued by Fulton, Friedman, & Gullace for an past due debt? Make the right defense and win your case in court.
When you are past due on a debt, the creditor may assign your debt, or sell it, to a debt collector. This agency will then attempt to collect on that debt. In many cases, you will find yourself being sued. This can be a scary time. Credit card debt delinquency is no joke.
If your debt payments have fallen short, you will be contacted by debt collectors and they may use threatening language. They might call you, threaten to seize your assets, or humiliate you and discuss your debt with your friends or boss. If this happens, you may not know how to respond, but you need to know your rights and how to respond appropriately.
Don't let debt collectors use shady tactics against you. Respond with SoloSuit.
Fulton, Friedman & Gullace, LLP is a debt collection law office. They are located out of Rochester, New York, and have been working since 2008. Many consumers have reported being harassed by Fulton, Friedman & Gullace, LLP. They have turned to the courts to protect their rights.
In late 2011 and early 2012, a California resident allegedly defaulted on a credit card debt. This was assigned and then turned over to Fulton, Friedman & Gullace, LLP to collect the debt. When Fulton, Friedman & Gullace, LLP filed a lawsuit against him, he asked for a validation request. This was not provided until the debtor would provide his bank account details. Hastily he gave these details with explicit directions not to take money out of his account. Fulton, Friedman & Gullace, LLP did not listen, never offered a written agreement, and took out $335 from his bank account. This is a harassment suit.
The FDCPA (Federal Debt Collection Practices Act) protects consumers against unfair debt collection tactics. These might include:
Use SoloSuit and the right defense to protect yourself from creditors.
When being sued for debt, you need to understand the process. Typically 180 days after the debt is past due you will receive a phone call or letter in the mail. Then within five days of contact, you should be sent a debt validation letter stating how much you owe, as well as other information such as the name of the creditor and how to dispute the debt.
If you feel you do not owe the debt then you can ask the debt collector for a verification letter. This must be sent within 30 days. If you do feel you owe the debt, you will need to respond and figure out how you plan to pay off the debt. This might be paying it completely, looking to set up a payment plan, or negotiating a settlement.
If you do not do any of these options you can be sued. This will lead to a court date, and if you miss the court date an automatic judgment will be ordered against you. This leads to wage garnishment as well as property liens, and more. Therefore, you need to respond to all notices.
Regardless of you believe you owe the debt or not, you will need to respond to the lawsuit. This can be scary, but if you do not respond with an “Answer” you will have a default judgment placed against you. This will also make it impossible to fight the lawsuit.
Respond to a debt collection lawsuit in 15 minutes with SoloSuit.
Debt collectors are typically hired by the original creditor after default. If you think that you should not owe the debt, you can challenge the lawsuit. Common reasons for challenging the lawsuit include being the wrong person who is being served, or a debt already being paid. In these cases, you can submit this with your Answer, and the debt lawsuit will usually be taken off. When the debt amount is incorrect, you can ask for proof. You legally have the right to do this, and the debt collector must prove your responsibility.
Another reason why you might challenge the lawsuit is that it is past the statute of limitations. This is the longest amount of time that debt can be legally collected on. Typically this ranges from three to twenty years, but on average is around four to six years. This will depend on the state you are being sued in and what type of debt you owe.
If you're disputing the lawsuit, you will need to bring various forms of documentation. This should include information regarding:
There are various things that you can do if you decide to accept the judgment or not. If you want to accept the judgment and avoid going to court, you can settle out of court. This can sometimes be done for a lower cost than the total amount. In this case, you may want to threaten bankruptcy to push the suit along. If you have limited wages, then you may be judgment proof. In this situation, it will mean that you do not make enough money, which means that your wages cannot be garnished.
Regardless of what you decide to do, you need to make a decision that is best for you. Debt lawsuits are nothing to mess with, and above all, you must respond. Otherwise, matters will only get worse.
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
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
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.
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
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 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?
How Many Times Can a Judgment be Renewed in Oklahoma?
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?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
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
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