Summary: Is State Collection Service suing you for a debt? SoloSuit can help you take a stand and win in court.
Getting harassing phone calls and letters from a debt collector such as State Collection Service? It is perfectly understandable to feel upset and stressed out. State Collection Service, like other major debt collection organizations, will use inappropriate and unethical methods to try to get you to pay what you supposedly owe. State Collection Service may call you all day long, try to connect with you on social media, and send you nasty letters.
Here's how you can get State Collection Service off your back and beat them in court.
Overview of State Collection Service and How They Operate
State Collection Service is a third-party debt collection agency operating out of Madison, Wisconsin. You may be asking yourself, “what is a third-party debt collection agency?” Good question. It basically means State Collection Service collects debt on behalf of other companies. However, this agency specializes in pursuing unpaid medical debt. This means they routinely collect on delinquent accounts maintained by hospitals, medical centers, and other healthcare organizations.
State Collection Service has received many complaints
If you're feeling frustrated by State Collection Service, you're not alone. As of 2022, State Collection Service has received 72 complaints on its BBB profile in a three-year period. Even worse, the Consumer Financial Protection Bureau reported 547 complaints against State Collection Service in that last ten years.
Let's take a look at a complaint against them.
“State Collection Service is attempting to collect a which was payed before it was referred to State Collection Services. I have sent printed documentation to Collection Services showing that this was paid before Collection Services assumed the debt. It was and is not a legitimate debt.”
Evidently, State Collection Service has gone to great lengths to collect debts, even as far as violating the Fair Debt Collection Practices Act. You should learn about your rights under federal law so you can protect yourself from unfair debt collection tactics.
Know your rights when State Collection Service contacts you
State Collection Service is notorious for trying to take advantage of consumers who may not know their rights under the Fair Debt Collection Practices Act. The FDCPA lays out rules and regulations that state what debt collectors can and cannot do. Some of the restrictions on companies such as State Collection Serviceinclude:
State Collection Service is not allowed to call or contact you at work.
State Collection Serviceis not allowed to use vulgar language when contacting you by phone, email, text, or mail.
State Collection Service' collectors cannot make threats about a lawsuit.
State Collection Servicecannot try to call you at your house before 8 a.m. or after 9 p.m.
Many consumers are unaware of the rules that debt collectors must follow. Debt collectors know most people are ignorant of the provisions of the FDCPA. But once you know the rights that you have, you have a better chance of beating any lawsuit filed against you.
Respond to a debt collection lawsuit against State Collection Service
If State Collection Service elevates the matter to a civil lawsuit, it is vital for you to respond to the Complaint. Do not ignore the lawsuit and hope it disappears. It will not go away. If you do not respond, you will lose by default, which gives State Collection Service the right to garnish your wages or seize your property.
The first step to beating State Collection Service in court is to respond to the lawsuit. Follow these three steps:
Respond to each claim listed in the Complaint, and avoid admitting.
Assert your affirmative defenses.
File the Answer in court, and send a copy of the Answer to State Collection Service.
To learn more about these three steps, check out this video:
Possible Defenses To Utilize In Your Answer
When you give an Answer to the debt collection lawsuit, you have the chance to point out any deficiencies with the allegations in the suit. Also, remember that debt collectors must prove that you owe the money they claim in the complaint. This means State Collection Servicemust show the following things before you are proven to owe the debt:
State Collection Servicehas the right to sue you.
You are the person who owes the debt.
You owe the exact amount alleged in the complaint.
If State Collection Service cannot prove the above, there is a high probability you will win in court. You could get the lawsuit thrown out.
Depending on your case, you could say that State Collection Servicewas unable to file the suit within the statute of limitations. The statute of limitations is the time limit a person or entity has to file suit against someone else.
If the facts of your case show that State Collection Servicesued you and the statute of limitations expired, you may file a legal motion to have the suit dismissed with prejudice.
There are other ways to win against State Collection Servicein court. Consider filing a countersuit, if you possess evidence that State Collection Serviceis in violation of the FDCPA. If you have proof, you may be eligible for compensatory damages and to have your legal fees paid.
Overview of What You Should Do If State Collection ServiceTakes You To Court
Here's a summary of what to do if you have a debt collection lawsuit filed against you:
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. You also should insist State Collection Service give you proof of the amount owed and that you are the one who is legally responsible for the debt.
The above are effective strategies that can help you beat State Collection Servicein court. Also, think about filing a counterclaim if the debt collector violated the FDCPA. We wish you the best of luck !
What is SoloSuit?
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
Respond with SoloSuit
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It only takes 15 minutes. And 50% of our customers' cases have been dismissed in the past.
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