How to Beat Howard Lee Schiff in Court
George Simons | December 01, 2022
Summary: If you've been sued for a debt by Howard Lee Schiff, use SoloSuit to respond in just 15 minutes and win your lawsuit.
Being served is never a fun process, and having a debt collector calling you can be extremely stressful. Unfortunately, it is very common to be in debt in the United States.
Many debt collectors tend to use fear as a method of pushing you to pay your debt as quickly as possible. This can lead to ignoring the issue, which eventually leads to a lawsuit in court.
One well-known debt collector that may be calling you is The Office of Howard Lee Schiff, PC. If you are being sued by this debt collector, or if there is already a judgment against you, you have options to fight it.
SoloSuit makes it easy to win a debt collection lawsuit.
About Howard Lee Schiff
The Law Offices Howard Lee Schiff, P.C. is a law office out of Hartford Connecticut. This law firm holds a 1-star rating at the Better Business Bureau. They provide “consumer legal collections for corporations”, which is essentially debt collection.
Throughout the years, the offices of Howard Lee Schiff have been sued for alleged violations of the FDCPA. With reports of unverified debt, the following violations were recorded:
- Employing false and deceptive means to collect a debt (15 U.S.C. § 1692e(10))
- Continuing collection efforts even though they had allegedly failed to obtain verification of the debt and send it to the consumer once he disputed the validity of the debt (15 U.S.C. § 1692g(b))
Know Your Rights
If Howard Lee Schiff, PC is calling you, then you should never agree to unsustainable payment arrangements. This will only add stress to your life. Instead, know your rights.
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977. This law prevents third-party debt collectors from harassing you. There are a few laws that protect you when a debt collector is attempting to collect a debt.
Debt collectors may not:
- Yell or use rude language as a form of intimidation.
- Call me at work if this is banned.
- Call before 8:00 am and after 9:00 pm without your permission.
- Lie and state that you may be arrested or imprisoned for not paying a debt.
- Disclose details of your debt with any uninvolved third parties.
- Continue to contact you after you have requested no contact or you have hired representation.
How to Beat Howard Lee Schiff in Court
There have been many reported instances of beating Howard Lee Schiff with a well-prepared defense. Essentially you have two options. The first is to utilize a strategy of postponing to avoid a judgment altogether. The second option is to head to court and fight. To understand which route is right for you, there are a few avenues you can explore.
Respond to the Lawsuit
The first mistake that many people make when they are being sued for not paying a debt, is a failure to respond. Typically you will be notified as a summons and complaint. Assuming the debt is legitimate, and you cannot afford to pay it, then you may feel like you do not have many options. What is important to remember is that you must respond.
(Learn how to respond in your state, here.)
If you fail to respond to a lawsuit brought forward by Howard Lee Schiff, they will automatically receive a default judgment against you. This provides the ability to garnish your wages or take money directly from your bank account. They will also be able to add extra fees to your debt. This might include court costs, attorney's fees, and huge amounts of interest.
When responding to the lawsuit be sure to abide by the following:
- Never admit liability. Instead, force the Law Offices of Howard Lee Schiff to prove your responsibility and debt.
- File your answer to the lawsuit with the Clerk of Court.
- Send the a copy of the Answer as certified mail to the Law Offices of Howard Lee Schiff.
SoloSuit makes it simple to respond the right way.
Point Out The Statute of Limitations
There is a statute of limitations that govern how long creditors are able to bring a lawsuit for a debt. These statutes of limitations can vary from state to state, but the average ranges between four to six years.
(Find out the statute of limitations in your state, here.)
The time period of the statute of limitation will begin on the last day you were active on that account. This activity can be defined in a few ways, such as making a payment, pulling funds from an account, or making a purchase.
After you are in the process of a lawsuit, it is important to avoid making any more payments on the debt. This is because doing so may restart the time period of the statute of limitations.
Challenge their Right to Sue
One option when responding to a debt lawsuit is to challenge their right to file a lawsuit against you. This is because oftentimes the debt may have been sold through multiple debt collectors. If you ask for this documentation, they will be required to provide two main things.
The first proof of documentation is the original credit agreement signed by you. The second is proof that the paperwork for the debt is accurate. This means it will need to have proof that it came from the original creditor.
If they cannot provide this documentation, then they may not legally be able to bring the lawsuit to court. This can push the judge to dismiss the lawsuit.
Push Back on Burden of Proof
If you are going to court against the Offices of Howard Lee Schiff, then they must be able to prove the following:
- You are responsible for the debt
- You owe the specified amount
- They are legally allowed to sue you
Options that you have to demand proof that you owe a specific amount may include showing the following:
- That the balance was increased when you had made a purchase
- That the balance increased due to fees and charges part of the original credit agreement (if you did not agree to fees, they cannot legally sue you for this).
- That the current balance is accurate.
- That the current balance reflects all previous payments and adjustments made.
Because some of this documentation may not be possible for the Law Offices of Howard Lee Schiff to bring up quickly, you may be able to have your case dismissed.
File a Countersuit
If the Law Offices of Howard Lee Schiff have violated any clauses in the Fair Debt Collection Practices Act, then you may be able to file a countersuit. In this case, they may be responsible for your legal fees, but you may also be able to seek compensation for other related damages as well.
File for Bankruptcy
If you are suffering from other financial issues, along with owing a debt, then bankruptcy is a file option. When you file for bankruptcy you will be given an “automatic stay”. This means that all of the activity regarding the debt collection activity must stop during these processes. It is good to note that this should only be done in severe cases, as it can severely damage your credit.
Do Not Give Up Hope
When fighting the Offices of Howard Lee Schiff in court you must be strong. Do not give up hope, and continue to hold your ground. Although there is always the opportunity to lose your case, do not give up without a fight.
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
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>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
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