Chloe Meltzer | December 01, 2022
Summary: Are you being sued by Integras Capital Recovery LLC? Find out how to beat them in court with SoloSuit.
If you recently realized that you are being sued for debt by Integras Capital Recovery, LLC then you may be wondering who this debt collection agency is and what your next step should be. Integras Capital Recovery, LLC files lawsuits throughout the State of Texas for debt collection.
Although you might be stressed out, it is important not to panic. You are taking the first step now to educate yourself which is great. The most important thing you need to know is that you should not ignore the problem. Most often, those who are being sued for debt try to ignore the lawsuit. This leads to a default judgment, which means that Integras Capital will win automatically. Learning what you need to do next will help to prevent this.
Integras may decide to dismiss the lawsuit. Whether it has become too expensive to collect a debt or the creditor does not believe you will get a default judgment, then they may not want to pursue the lawsuit at all.
Dismissal may also happen because Integras does not have a solid case. If a creditor cannot prove that you owe them the money they are suing you for, or you request a chain of title, they may decide to drop it altogether.
You may be given the opportunity to settle the lawsuit. This will occur if you push for a settlement or if you attempt to countersue. Typically, the settlement will be significantly less than the amount listed in the lawsuit.
Whether it is a simple debt claim or a debt lawsuit, the number one mistake borrowers make is ignoring it. When you are being sued for a debt you will always be given notice with a date by which you must respond to. This typically arrives in the form of a summons and complaint.
If you do not respond, then a default judgment will automatically be placed against you. This leads to wage garnishment or the ability to take money from your bank account.
The next steps involve asking for a stamped copy of your Answer to the debt. This should be stamped by the Clerk of Court. Next, you should send the stamped copy through certified mail to the lawyer of Integras Capital. If you miss the deadline to file your answer, you may not be able to dispute the debt from that point on.
One way to respond to a debt lawsuit is to simply challenge the Integras' right to sue you at all. Because Integras purchased the debt from an original creditor (or even someone else), they may not have proof of the original debt.
If Integras is pursuing a debt against you, then is pursuing a lawsuit against you is legally required to show proof that they have a right to do so. By asking for documentation, Integras must provide:
If Integras cannot provide this documentation, then a judge may dismiss your debt lawsuit altogether.
After being served with a debt lawsuit, the lawsuit will easily be pursued against you. Despite this, the burden of proof rests on the collector who is suing you. The burden of proof means that Integras needs to prove the following:
Asking for proof is one way to defend yourself against a debt collection lawsuit against Integras.
The statutes of limitations govern how long Integras or another creditor can bring you to court for a debt lawsuit. Although the rules vary based on the state you live in, it typically ranges between four to six years. It is important to note that the day the statute of limitations starts is the last day you were active on an account. This might include making a payment or drawing funds from your account. This means that it is essential to avoid making payments on a debt that you plan to fight. Otherwise, you may start the statute of limitations over again and lose your defense.
If Integras has overstepped Fair Debt Collection Practices Act (FDCPA) regulations, then you may be able to file a countersuit.
Common violations of the FDCPA include:
Debt collectors that violate the Fair Debt Collection Practices Act may not only need to pay your legal fees but will typically completely drop the lawsuit altogether. If you believe Integras has engaged in violations, you may be able to seek compensation for any related damages.
If you owe a debt and cannot pay it, filing bankruptcy is not always a necessary option. But if you are also suffering from other financial distress, then bankruptcy might be the right option. Filing a petition of bankruptcy essentially stops all debt collection activity until the bankruptcy is handled. It is important not to take bankruptcy lightly because it will have major ramifications on your credit. It should only be used as a last resort.
When struggling with a debt collection lawsuit from Integras, it can be extremely frustrating. Try to remember that you have options and the opportunity to beat them. Know that responding is essential, and taking steps to settle your debt is always the best option.
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.