How to beat National Recovery Solutions in a debt lawsuit
George Simons | October 19, 2022
Summary: Is National Recovery Solutions suing you for a debt? Use SoloSuit to respond and beat them in court.
If you're being hounded by a debt collection company like National Recovery Solutions, you may be feeling anxious and uncertain about your financial future. This is perfectly understandable. Most people do not anticipate receiving multiple threatening calls and letters from an aggressive debt collector.
But don't give up hope! You have legal rights and protections if you are sued by a debt collector like National Recovery Solutions. You should know that debt collectors bear the burden of proof in debt lawsuits. This means you have the ability to make certain arguments and raise certain defenses where you could wind up prevailing over National Recovery Solutions in court.
Who is National Recovery Solutions and why are they threatening to sue me?
Many people are surprised when National Recovery Solutions sues them for a delinquent debt, because most people have never heard of this company or have no recollection of making a purchase or taking out a loan with them. To help give you some insight into this National Recovery Solutions, here is some general info on their operations:
National Recovery Solutions is a debt collection company based out of Charlotte, North Carolina. They purchase charged off debts from other companies and banks at a substantially discounted rate. Once purchased, National Recovery Solutions turns around and sues consumers in the hopes of collecting on the debt.
National Recovery Solutions developed a reputation for using highly questionable tactics to try and recover on delinquent debts. For example, a Federal Court recently declared in an opinion that National Recovery Solutions regularly utilized illegal and harassing communication tactics in an effort to coerce consumers into paying off their delinquent accounts.
Troubling collection tactics commonly used by National Recovery Solutions
Here is an overview of some of the highly questionable and unethical tactics used by debt collectors working for National Recovery Solutions when contacting consumers:
- Making baseless threats such as claiming they can “destroy” your credit or that they can arrest you for breaking the law
- Calling consumers at their place of work, especially if the employer prohibits such communications
- Using inappropriate and profane language during phone calls
- Calling consumers before 8:00am or after 9:00pm
- Contacting consumers multiple times per day or week
- Contacting consumers' family members or friends to discuss the debt
If you have been contacted by National Recovery Solutions and were subjected to some, or all, of these questionable tactics, you may be able to take legal action against the company and obtain monetary damages. The Federal Debt Collections Practice Act grants you these rights.
You have rights under the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law enacted in 1977 with the objective of protecting consumers from being harassed and threatened by debt collectors who used abusive and unethical tactics to collect a delinquent debt. Under the FDCPA, consumers have the right to:
- Dispute a debt and request no further contact from a collection agency
- Tell the debt collector not to call them at work if such calls are not permitted by the employer
- Request proof that a debt exists and the collector is authorized to request payment
- Be represented by an attorney in a debt resolution case
Advice for beating National Recovery Solutions in court
If you are sued by National Recovery Solutions, you probably want advice on how to win in court. Fortunately, there are certain actions you can take to position yourself for victory. Most importantly, simply responding to the Complaint will set you apart from most consumers.
Failure to respond can lead to default judgment
Debt collection lawsuits generally begin when a debt collector (i.e. National Recovery Solutions) files a formal Summons and Complaint alleging you owe a specific amount of money (i.e. the unpaid debt). The vast majority of consumers ignore the Complaint and do nothing, usually because they don't know how to respond. This, however, is a big mistake.
If you fail to respond to the Summons and Complaint in time (14-30 days, depending on which state the case is in), then National Recovery Solutions can file a default judgment against you. If the Court grants the default judgment, National Recovery Solutions will have the legal right to take the following actions against you:
- Place a lien on your personal property (e.g., automobile);
- Freeze the money currently in your bank account; and
- Garnish your wages.
Don't let this happen to you! Take action and file a formal response to the Complaint.
File a written Answer and win
To avoid automatically losing by default judgment, you should file a written Answer with the court and send a copy to the opposing attorney. You may think you have to hire a lawyer to help you write your Answer and file it, but finding an attorney can be expensive and challenging. You can represent yourself with the help of SoloSuit.
SoloSuit can help you draft a legal Answer to your debt lawsuit in minutes. SoloSuit can also file the Answer for you after having an attorney review the document and your case.
Assert your affirmative defenses
In your response, take the time to highlight some of the glaring deficiencies and shortcomings in National Recovery Solutions's lawsuit. This section of your Answer is known as your affirmative defenses, and they can help you win. For example, you should request that National Recovery Solutions produce evidence (e.g., documents) showing the following basic information:
- You are the person in fact responsible for repaying the alleged debt;
- National Recovery Solutions possesses the right to take legal action against you; and
- You owe the specific amount listed in the Complaint
Requesting evidence to establish these basic facts is important because it is not uncommon for these large debt collection companies to sue the wrong person or to lack basic financial documents that show you actually owe the alleged debt.
Use SoloSuit to make the right affirmative defense and win in court.
If applicable, you should also consider the expiration of the statute of limitations as an affirmative defense. The statute of limitations is essentially the amount of time someone has to take legal action against another person or company. If the facts of your case indicate that National Recovery Solutions filed a lawsuit after the expiration of the statute of limitations, you could file a motion to have the debt collection lawsuit dismissed. SoloSuit can help you navigate this process and complete the necessary documents that should be filed with the court.
SoloSuit can help you file an Answer in all 50 states.
Check out SoloSuit's debt lawsuit flowchart that outlines all the possible routes a debt lawsuit can take:
Takeaways on what to do if you are sued by National Recovery Solutions for a delinquent debt
Here is a general summary of what to do if you are sued by a debt collection company like National Recovery Solutions:
- Do not admit liability for the alleged debt since the burden is on the debt collector to establish that you in fact are responsible for the amount owed.
- Be sure you file your Answer to the Complaint within the time period provided by the court.
- In your Answer responding to the Complaint, make sure you raise any applicable affirmative defenses (e.g., the statute of limitations) and demand that the debt collection company prove that you are responsible for the specific amount owed.
Good Luck! SoloSuit is rooting for you!
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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