They say nothing goes with PB quite like some Justice (or is it Jelly?).
Summary: Is P&B Capital Group suing you for a debt? SoloSuit can help you take a stand and win in court.
If you are being sued in court for debt, it is essential you know what you are dealing with, and how to handle the case. Debt lawsuits can be expensive, and if you do not answer in a timely manner this can open up other avenues for debt collection, such as wage garnishment and taking funds directly from your account. If you have noticed a debt collection lawsuit from P and B Capital Group, you may wonder if this is a legitimate company and how to respond. Here's everything you need to know about P and B Capital Group and how to beat them in court.
Who is P and B Capital Group?
P&B Capital Group, LLC (P&B) is a third-party collection agency based in New York. Although P and B is a legitimate company, they have received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA). The FDCPA governs the method by which debt collectors are allowed to collect on debts and speak to consumers. They have allegedly attempted to collect debts not owed and threatened to take actions that cannot legally be taken. If you have been contacted by P&B, it is essential you understand your rights before responding.
Who Does P&B Capital Group collect for?
P&B Capital Group collects for credit card lenders, personal and automotive loan companies, etc. Their website does not necessarily indicate who they are employed by, or who they work for. Instead, P&B explains that its company “understands that unforeseen circumstances can occur in consumers' lives, leaving their finances in turmoil.” This means that P&B supposedly offers consumer resolutions as well. However, this does not seem to be the reality.
Complaints Against P&B Capital Group
The BBB and Consumer Financial Protection Bureau have both published numerous complaints against P&B Capital Group. If this has happened to you, you should know the federal laws protect you. The Fair Debt Collections Practices Act (FDCPA) regulates the behavior of collection agencies. It prohibits actions such as the use of abusive or threatening language.
Violations of the FDCPA
Harassment and abuse
Under the FDCPA, debt collectors cannot harass or abuse you while attempting to collect money. This type of behavior may include:
Threatening to use violence or engage in criminal behavior if you do not pay them
Using profane language
Publicizing your debts to anyone other than your spouse
Threatening to sell the debt if you do not pay it
Lying about the debt
Contacting you at inconvenient times
Debt collectors are not allowed to call whenever they wish. For example, debt collectors may only call between 8am to 9pm in your local time. They cannot call you at work either, especially if your employer prohibits such communication.. If they continue to call when you have already mentioned it is not allowed, then it is a clear violation of the FDCPA.
Text message and email
Although debt collectors can legally send text messages and emails, there are parameters. Debt collectors must provide opt-out instructions with each and every text message and email they send. This means if you send “STOP”, they must comply or they are in violation.
Deceptive and unfair practices
Under the FDCPA, debt collectors are not legally allowed to engage in deceptive and unfair practices. Deceptive practices include:
False representations about the amount of your debt
False representations regarding the legal status of your debt
False threats to take legal action
Any deceit to get you to pay
Additionally, unfair practices include calling you collect to force you to accept and pay for the call. Any practice that requires you to pay additional money other than the debt you owe is considered an FDCPA violation.
FDCPA violations also extend to how a debt collector can interact with people you know. For example, they can call your friends or family members, but they are limited in what they can say. They can ask for your contact information, but not the reason that they want it. Additionally, they cannot harass anyone related to you.
Another good thing to note is that if a debt collector knows that you're represented by an attorney, they are required to call them rather than you. Additionally, there can be no checks deposited or cashed, if they are post-dated checks, before the date a post-dated check is written. They must also provide at least three days' notice before they cash any check.
Suing P&B for harassment
If you feel that you have had your rights violated, then you may want to file a counterclaim. There are federal laws that provide individuals with the ability to seek monetary damages. The FDCPA alone allows consumers who have been violated to recover damages of up to $1,000 per violation, plus attorney fees and court costs.
Do you have a case to beat P&B Capital Group in court?
If you are receiving multiple calls per week from third-party collection agencies, and early morning or late night calls from debt collectors, you may have a case. Especially if you are receiving calls at work or they are calling your family, friends, neighbors, and coworkers.
Likewise, should collectors threaten you with violence, lawsuit, arrest, negative credit reporting, or trying to collect more than you owe, you definitely have a case.
Respond to your P&B Capital lawsuit by filing a written Answer
If P&B Capital Group has filed a lawsuit against you, you should have received a court Summons and Complaint in the mail. The Summons is a legal document that officially notifies you of the case, while the Complaint lists all the specific allegations (or claims) that P&B is making against you.
The first step to responding to the lawsuit is to file a written Answer in the court. You might think you need an attorney to help with this, but finding a lawyer can be super expensive and draining. You can represent yourself with SoloSuit's help and win in court.
Here are 6 tips to drafting a winning Answer:
The Answer isn't the place to tell your side of the story: Giving an elaborate explanation of your side of things can actually harm your chances of winning. At this stage in the lawsuit, the burden of proof is on P&B Capital. You don't have to prove anything right now. All you have to do is respond to each allegation listed in the Complain.
Deny, deny, deny: Most attorneys recommend that you deny all the allegations listed in the Complaint. This is like saying, prove it, and it requires more work on P&B Capital's part—work that they would rather avoid.
Use standard formatting or “style”: Your Answer should be professional with standard font, margins, and spacing. It should begin with a caption that includes the court name, case number.
Assert your affirmative defenses: Include a section for affirmative defenses in your Answer. This is where you can raise facts that show P&B Capital doesn't have a case (i.e. the debt is past the statute of limitations, the amount is incorrect, P&B harassed you, etc).
Include the Certificate of Service: The certificate of service is a simple statement near the end of the Answer document that declares it was sent and served to the plaintiff's attorney. It should include the exact address that it was mailed to, as well as your signature.
Sign the Answer: All courts require that you sign the Answer document. Some court don't accept an electronic signature, so be careful to investigate before submitting your Answer.
To learn more about these 6 steps, check out this video:
After you've drafted your Answer, make sure to file the original document with the court and send a copy to the attorney representing P&B Capital Group. All mailing should be done via USPS certified mail so you have proof of delivery.
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
It only takes 15 minutes. And 50% of our customers' cases have been dismissed in the past.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather