Start My Answer

How to Beat Michael J Adams PC in Court

Melissa Lyken | December 01, 2022

You can win against even the biggest debt collectors.

Summary: Are you being sued by Michael J Adams PC for an outstanding debt? Learn all you need to know about responding to debt collectors and making a defense to win in court.

The recent COVID-19 pandemic has left many people unemployed, and others have experienced significant salary cuts. The economic turmoil has also caused many borrowers to default on loan payments, leaving them at the mercy of debt collection agencies and law firms, including Michael J Adams PC.

If one of their representatives has been hounding you with calls, texts, and emails, chances are you are going to be slapped with a lawsuit soon. Knowing how to defend yourself against a debt lawsuit is critical, so read on!

Who is Michael J Adams PC?

Michael J Adams PC is a debt collection law firm that helps creditors collect a debt. The firm is based in San Antonio, Texas, with lawyers initiating litigation and executing judgment against debtors who have defaulted on payments.

Michael J Adams PC prides itself on firm debt collection policies and the vast experience that ensures clients benefit from its well-thought-out business decisions. The firm has represented renowned creditors, including GE Money Bank, Try Capital LLC, American Express Bank. If Michael J Adams PC is suing you, see below for ways to beat them in court.

Use SoloSuit to respond to debt collection lawsuits in 15 minutes.

Respond to the Lawsuit Quickly to Avoid Default Judgment

The most common mistake debtors make when sued is to ignore the summons and complaint. However, if you owe a debt or have been sued in error, its vital to respond to the allegations.

The debtor must file a response with the clerk of court within 20-30 days. Debtors can respond to the lawsuit in either of the following ways:

  1. File an answer
  2. File a notice of appearance

File an Answer to the Allegations

An answer is a written response to the statements in a complaint that confirms whether you deny, admit, or are not knowledgeable regarding the plaintiff's assertions. You shouldnt admit to the statements if you disagree with them. For example, if youre unsure about the amount owed or the account number listed for the credit card number, your answer should state that you disagree with the allegations.

Filing a response on time ensures that you retain your rights to argue the matter in court and to obtain a notice of future hearings. Be sure to send a copy to the Michael J Adams PC representative and keep a copy for reference.

File a Notice of Appearance to Require a Hearing

A Notice of Appearance is a response that states your intention to appear in court. Delivering a notice of appearance prevents the court from entering a default judgment without a hearing. Unlike filing an answer, a notice of appearance does not explain your position regarding the lawsuit.

Respond with SoloSuit and win in court.

Request Proof That You Owe the Debt

Buying, servicing, and selling of debt is so common that the original creditor rarely holds debtors accounts for long. Creditors must also enlist debt collection law firms as their last resort when agencies cannot collect the debt.

This means that Michael J Adams PC is unlikely to have the original contract you signed with the creditor. According to the Fair Debt Collection Practices Act (FDCPA) and state debt collection statutes, if a debt collector or collection law firm sues you, it must:

  • Attach to the complaint a written contract, an agreement, or a copy of the account or state why the document hasnt been attached
  • Attach proof of assignment

If it can't provide either of the documents, the court may dismiss the case. Alternatively, you can ask the court to require the debt collection firm to provide the missing documentation. This is called requesting a more definite statement. Debtors are required to file a formal motion with the court in either of these scenarios.

Its important to note that you must request that the firms representative sends the proof within 30 days of receiving the debt's initial written notice. Once the law firm gets the letter, it must:

  • Stop any debt collection activity, including filing or continuing the lawsuit.
  • Provide the requested proof

The good news is that theres no time limit for the law firm to respond. As such, if a year passes without the debt collection firm showing proof, they cant resume the lawsuit or write to you demanding payment.

If the debt collection firm fails to provide proof of assignment and continues to demand payment, you can file a counterclaim in a state or federal court. Some states allow debtors to counter sue for damages against the creditor for failing to verify the debt. If successful, you get $1,000 for every lawsuit and are compensated for court costs, attorney fees, and damages.

Make the right defense the right way with SoloSuit.

You Can Make the Right Defense to Win Against Michael J Adams PC

Submitted Payment of the Debt in Part or Full as a Defense

Payment makes an excellent defense in any debt collection lawsuit. It is still a valid defense if you paid a different party, such as the original creditor after your name has been forwarded to Michael J Adams PC. If the creditor hasn't alerted the law firm and youve been sued, you can assert payment as a defense. The amount can be in part or in full.

Mistaken Identity or Identity Theft as a Defense

This is a valid defense if the debt for which youre being sued isn't yours. Mistaken identity occurs when the debt collection law firm mistakes you for someone else with the same name or other identifying information.

Identity theft happens when a person steals your name and personal information to open credit accounts in your name. Since the onus of proof lies with the plaintiff to prove that you owe the debt, you can deny the charge based on either of these defenses.

Statute of Limitations as a Defense

The debt may be too old to be enforced. According to state law debt, collectors and law firms have a limited time to file lawsuits against debtors. The period varies by state ranging from three to twenty years.

If the statute in your state is five years for your debt and this time has elapsed, the statute of limitations is a valid defense. You should avoid making payment before the period lapses as it resets the time all over again.

If Michael J Adams PC is suing you, you do not have to be intimidated. Make sure you file your answer on time to avoid a default judgment. You can use any of these defenses when responding to a lawsuit for nonpayment of debt, and it always pays to consider hiring a lawyer to assist you with navigating these defenses if you have the funds to do so.

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

Get Started

>>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 Guides for Other States

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?

SoloSuit FAQ

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?

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