Summary: Is Wakefield and Associates suing you for a debt? SoloSuit can help you take a stand and win in court.
Getting harassed by a debt collector affiliated with Wakefield and Associates is oftentimes stressful and anxiety-inducing. Why? Because it is quite common for Wakefield and Associates, along with other debt collection agencies, will routinely utilize inappropriate and unethical tactics to try and compel you to pay what is allegedly owed. For example, debt collectors with Wakefield and Associates are likely to call you constantly on the phone from several numbers. They may also try to intimidate you on social media, send nasty letters, and other questionable methods.
If you are being subjected to harassing behavior by Wakefield and Associates, it is important to understand that you do not have to put up with such behavior and threats. You have rights and protections pursuant to the Fair Debt Collection Practices Act, along with other laws.
What is Wakefield and Associates and how does it operate?
Wakefield and Associates is a debt collection agency that focuses on collecting debt for organizations within various sectors of the economy, including financial institutions, educational institutions, and hospitals.
One trick they use is to operate under a variety of different names. For example, you may see “Wakefield Payment Solutions” on your credit report. Other names Wakefield and Associates will use to conduct business and attempt to collect on delinquent accounts include the following: Wakeassoc, Wakefield Associates, Wakefield RRC, Wakefield Collections, and so forth.
If you regularly receive rude phone calls and letters from Wakefield and Associates regarding an unpaid debt, or have already been served with a debt collection lawsuit by Wakefield and Associates, do not panic. There are specific ways to respond to the debt collector, and multiple defenses you could potentially raise to combat the debt collection lawsuit.
Wakefield & Associates has received many complaints
If you're feeling frustrated by Wakefield and Associates, you're not alone.
As of 2022, Wakefield & Associates has received 637 complaints on its BBB profile in a three-year period.. Even worse, the Consumer Financial Protection Bureau reported 2,412 complaints against Wakefield & Associates over the last ten years. Most consumer complaints are about inaccurate reporting, harassment, or failure to verify a debt. If you find yourself facing any of these situations with a debt collection agency, you should also consider filing a complaint.
Let's take a look at a real complaint against Wakefield.
“Wakefield and Associates placed a debt into collections on my account back in 3/12/22. For a total of $268. I was only recently made aware of this when I looked my credit score up this month. I have no knowledge of the original creditor company Sapientes II. Looking online says its a known scam company. I never received anything about owing anyone money. Nor have I ever owed/ paid them any money. This debt is not real. Wakefield and Associates is trying to scam money from me with the help from Sapientes II.”
Knowing your rights can help you protect yourself from abusive debt collection practices used by Wakefield & Associates.
Know your rights when Wakefield and Associates contacts you
Wakefield and Associates is a well-known debt collection agency that is notorious for trying to take advantage of consumers who may not be fully aware of their legal rights under the Fair Debt Collection Practices Act. The FDCPA is a federal law passed by Congress in 1977 specifically for the purpose of curbing abusive tactics used by debt collectors. The FDCPA features a number of rules and regulations that stipulate what debt collectors can and cannot do when attempting to recover on a debt. Some of the restrictions codified in the FDCPA concerning debt collector tactics include:
A Wakefield and Associates debt collector is not allowed to call you when you are at work.
A Wakefield and Associates debt collector may not use rude or offensive words when they talk to you by phone or in letters.
A Wakefield and Associates debt collector may not threaten legal action.
A Wakefield and Associates debt collector is not allowed to call you before 8 a.m. or after 9 p.m.
Defend yourself if Wakefield and Associates sues you
When you answer the debt collection lawsuit, you have a chance to point out some of the deficiencies in the Complaint filed by Wakefield and Associates. Also, keep in mind that the debt collector must prove that you owe the debt. This means the company must affirmatively prove the following in order to get a judgment against you:
The company has the right to sue you.
You are the person who incurred the debt.
You owe the sum that is listed in the complaint.
If Wakefield and Associates cannot produce sufficient evidence to meet the above-described prerequisites, there is a strong chance you can win in court. You may even be able to get the debt collection lawsuit tossed out of court.
Depending on your case particulars, you could say that the company didn't file before the statute of limitations expired. The statute of limitations is how much time a person has to file suit against someone else.
If your case suggests that Wakefield and Associates sued you when the statute of limitations lapsed, you might file a motion for dismissal with prejudice.
You also might consider filing a countersuit. If you can show that the firm was in violation of the FDCPA, you may be entitled to compensatory damages. You could even get reimbursement of your legal fees.
Respond to a debt lawsuit against Wakefield and Associates
The first step to beating Wakefield and Associates in court is to respond to the lawsuit by filing a written Answer. Here's how.
Follow these three steps to Answer a debt lawsuit against Wakefield and Associates:
Answer each claim listed in the Complaint document. When you're sued for a debt, you should receive a Summons and Complaint document notifying you of the lawsuit. In your Answer, the most important thing to do is respond to each claim listed in the Complaint document. You can admit, deny, or deny due to lack of knowledge. Keep in mind that most attorneys recommend denying as many claims as possible, which forces Wakefield and Associates to prove its claims. If they can't prove everything, they might just drop the case altogether.
Assert your affirmative defenses. An affirmative defense is any legal reason that Wakefield and Associates shouldn't win the case. You can bring up several affirmative defenses in your Answer, but if you don't assert them in your initial response to the lawsuit, you can't bring them up later on in the case. This is why it's so important to include your affirmative defenses in your Answer. For example, the statute of limitations is a common affirmative defense used in debt collection lawsuits.
File your Answer with the court, and send a copy to Wakefield and Associates. You have 14-35 days to file the Answer before a default judgment will be entered against you. If this happens, Wakefield and Associates can garnish your wages and put liens on your properties. You can send the Answer to the court via mail, drop it off in person, or file it electronically (this option is only available in some courts). After you've filed the Answer in court, make a copy and send it to Wakefield and Associates. Make sure to request a return receipt, so you have proof that you sent it.
To learn more about these three steps, check out this video:
Overview - What To Do If You Go To Court
Here are the basics of what to do if you are served with a debt collection lawsuit filed by Wakefield and Associates:
Note if the collection agency calls you before 8 am or after 9 pm. Also, write down if they call you at work or use rude or offensive language.
Be sure to file the Answer within the proper time frame that the court states.
In the Answer, consider raising one, or more, of the defenses mentioned above, such as the statute of limitations.
Remember, the debt collection agency must prove you owe the debt and that you are the one who owes the money.
Consider filing a countersuit if the debt collection agency violated the consumer protections afforded under the FDCPA.
Debt collection agencies like Wakefield and Associates often rely on making threats or false promises in the hopes of wearing you down and getting you to agree to repayment. Do not raise the white flag of dedeat. With thought and foresight, you can often prevail against a debt collector in court.
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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