How to Beat Regents and Associates in Court
George Simons | December 02, 2022
Debt collectors ^
Summary: Is Regents and Associates threatening to garnish your wages over an old debt? Not sure how you're going to win the fight? Learn what to do to win your debt collection lawsuit.
If you're being harassed by a debt collector, such as Regents and Associates, you may feel like there's nothing you can do. After all, they call you all the time and often use aggressive language.
If Regent and Associates files a debt collection lawsuit against you, the first thing to remember is to never ignore the lawsuit. They will get a judgment if you ignore it and then they can garnish your wages or levy your bank account.
Protect your wages by responding with SoloSuit.
The dubious reputation of Regents and Associates
Regents and Associates does not have a great reputation associated with its debt collection efforts. Many complaints have been filed against Regents and Associates with the Better Business Bureau and/or the Consumer Financial Protection Bureau indicating that debt collectors with this company have tried to communicate with consumers in ways that violate federal law, such as contacting consumers at work, contacting them online through social media platforms, or even contacting friends and relatives about the consumer's alleged debt.
This company has even had instances where they tried to collect on a debt that was not owed. If you ever got a call, letter, or email from Regents and Associates, you should be aware of your rights before you say anything and agree to make any type of repayment.
Make sure to respond to the debt collection lawsuit
When the debt collector files suit against you, you will be served the legal complaint. If you owe the money and you can't afford to pay it, you might think there is little you can do. But if you don't respond, the debt collector will get a judgment automatically. That allows them to take new aggressive methods to collect the debt, including garnishing your wages. Also, the debt collector will probably add their legal fees and interest.
Once Regent and Associates files suit, the matter is in the hands of the court. So, you cannot respond with a phone call or letter. You will need to provide a legal Answer to the suit. To do that, here are some tips:
- Never admit you're liable for the debt. Force the debt collection agency to prove you owe the debt and that you're responsible for it.
- File your answer with the Clerk of Court.
- Request a stamped copy of the Answer from your Clerk of Court
- Mail the copy to Regent and Associates.
You need to respond within the period that is in the summons, which is normally 30 days. If you miss the deadline, you will probably have a default judgment against you from that point.
Respond with SoloSuit and avoid a default judgment.
Challenge their right to sue
An effective way to respond to the debt lawsuit is to challenge the company's right to sue you. By the time your debt has gotten to this point, it's probably been sold several times. The company that owns the debt and is filing a suit against you is required to show that they have the legal right to file the suit. If you don't answer, the judge will assume that you're responsible for the debt. But if you request documentation in writing, the judge will probably support you.
The plaintiff has to provide the credit agreement that you signed, as well as documentation of the chain of custody of all of the paperwork, which shows all paperwork is accurate and originated from the creditor. If the plaintiff cannot give you this documentation, the lawsuit may be dismissed.
Fight back on burden of proof
One thing to remember when you're served is that the burden of proof is on Regents and Associates, not you. So, they need to prove that you owe the debt, that they have the legal right to sue, and that you owe a certain amount.
For instance, if Regent and Associates says you owe $5,000 on a credit card, you should demand documentation that begins with when you opened the account and ends with the last time you used the card. The idea is to demand that they prove that you owe every dollar they say.
The paperwork needs to show that the balance went up when you bought things. It also needed to increase with charges that were part of the credit agreement you signed. If you did not agree to the fees, they cannot sue you. Also, they must show that the balance is accurate and reflects every adjustment and previous payment.
Keep in mind that most debts change hands many times before there's a lawsuit, so it may be impossible for the creditor to come up with all of this paperwork in a reasonable time. This can lead to the lawsuit being thrown out.
Make the right defense and beat debt collectors in court with SoloSuit.
Consider using the statute of limitations as a defense
The statute of limitations states how long the creditor has to sue you for a debt. The rules vary by state and by the situation. Most states have a timeline of four to six years. The beginning of the timeline usually is the last day you used the account. Activity means the day you made a payment or took funds from it.
If you make a payment on an account, it can restart the statute of limitations clock, so it's smart to obtain legal advice before you agree to pay anything to Regents and Associates. Some collection agencies will try to get just a small amount from you so they can sue you later.
File a countersuit
If there is evidence that the collection agent with the Regents and Associates violated a provision of the Fair Debt Collection Practices Act, you may be able to file a counterclaim against them and seek compensatory damages.
Overall, it's important to remember that you are not powerless when sued for an alleged unpaid debt by Regents and Associates. Here is an overview of what to do if you have a debt collection lawsuit filed against you by Regents and Associates:
- Write down details of any phone calls from the debt collector before 8 AM or after 9 PM. Also, note if the debt collector contacts you at work or uses offensive language.
- Be sure to file an answer within the timeframe the Court gives you.
- In the Answer, think about raising one or more affirmative defenses, such as the statute of limitations.
- Insist that Regents and Associates provides you with proof of the amount owed and that you are the one who is legally responsible for the unpaid balance.
- Consider filing a counterclaim if the debt collector violated a provision of the FDCPA.
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.
>>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
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