George Simons | December 01, 2022
Summary: Don't get stressed if you're sued by Samara Portfolio Management. You've got options to beat debt collectors in court. Feel confident going up against Samara Portfolio Management with SoloSuit.
If you are being sued by Samara Portfolio Management for an unpaid debt, don't panic! You must remain calm and explore your options for beating them. Let's discuss some key steps that can help you claim victory over this debt collector.
First, we'll learn about Samara Portfolio Management. Because the better you understand your adversary, the easier it is to face them.
Samara Portfolio Management is like many other debt collection agencies. They routinely buy credit card debt that has been charged off.
They often buy this debt in bulk amounts for a fraction of what it's worth. Operating out of Texas, Samara Portfolio Management regularly files credit card lawsuits in their home state in an attempt to collect on their purchased debts.
If you have been threatened with a lawsuit from Samara Portfolio Management, it's important to know your rights and what you should do.
The good news is that you have a few things working in your favor when it comes to dealing with them.
Aside from staying calm, one of the first things you should do when facing a lawsuit from Samara Portfolio Management is to request documentation that proves you are responsible for the debt in question.
As mentioned, you have some very critical factors working in your favor, and one of them is the fact that Samara Portfolio Management struggles with producing evidence of debt. You see, Samara Portfolio Management often relies on its threatening tactics to collect on debts.
They hope that people like you will simply cave into the pressure and fork over however much money is being demanded. But history shows that when Samara Portfolio Management is challenged, they have a hard time proving that they are the rightful owner of the debt.
This can bode remarkably well for you in court. But you have to make sure that you don't shoot yourself in the foot along the way. If your case goes to court, there's a very real possibility that by doing and saying the correct things, you will walk away as the winner and won't have to pay Samara Portfolio Management a dime.
Let's not get ahead of ourselves, though. There are a few things you need to do first before you meet Samara Portfolio Management in court. And that's if it even goes the distance. As you will soon see, there's a chance that it won't.
As discussed a moment ago, you need to first make sure that you send a Request for Production of Documents. Send your request by certified mail so that you have a receipt of the paperwork and when you made the request.
You should also send a copy to the judge, as this will look good on your part and show that you are questioning the legitimacy of the debt. If Samara Portfolio Management is unable to produce the requested documentation, you can count on winning at your court date.
If they are able to show this documentation, hang onto it and bring it with you to court.
In Texas, debt collectors have exactly four years to sue you for an unpaid debt. The four-year mark begins from the date that you made your last payment. Lawsuits often get filed near the end of this four-year deadline.
As such, it's helpful to know when the exact day was that you made your last payment. If you can show that Samara Portfolio Management is past the statute of limitations, you will win the lawsuit and be absolved of having to pay anything.
There is always a possibility that one of the parties won't show up for court. Many times, it's the debt collector who is hoping that you won't show up. If this happens, the court will award them the victory, and you'll have to pay the debt.
Never allow this to happen. Show up on time and come ready to play hardball. There is always the possibility of the debt collector not showing, in which case you will win by default.
However, it's more likely that Samara Portfolio Management is banking on you not knowing your legal rights and being awarded the victory.
Remember what we said earlier about Samara Portfolio Management having a hard time producing proof of debts? This is where you can take advantage of their lack of preparedness and come out on top.
No matter what Samara Portfolio Management claims in court, never admit that you owe them money. Maintain constant professionalism and be ready to speak when it's your turn. When asked, you need to question its legitimacy and say that you require proof that the debt belongs to you.
Since debt collection agencies like Samara Portfolio Management buy their debt in bulk, there is rarely direct evidence showing you are responsible for the debt in question. Direct evidence is your signature on the original bill.
It is very unlikely that Samara Portfolio Management will be able to show the court an original bill or agreement with your signature on it. As such, you will be declared the victor and will walk away without having to pay anything.
Samara Portfolio Management may try showing the court other documentation, but anything other than your signature on the original will be considered heresy as long as you continue to contest it.
The moment you agree with anything they present, Samara Portfolio Management can be awarded the lawsuit. Stand your ground and don't waiver. On the off chance that they can present the original document, you may just have to admit that the debt is yours and agree to pay it.
Again, this is highly unlikely. But you won't know unless you follow the above steps and see the lawsuit through to the end.
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.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.