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What Should I Do If Crown Asset Management Suing Me?

George Simons | July 27, 2022

Beating Crown Asset Management feels like ^^

Summary: Have you been sued by Crown Asset Management LLC? SoloSuit can help you respond and win in court. Here's how.

>>Read the NPR story on SoloSuit

“I love getting sued by Crown Asset Management!” - said no one ever.

If you are enduring intimidating and harassing phone calls from a debt collection company like Crown Asset Management, you may be feeling anxious, stressed out, and overwhelmed with uncertainty about your financial future. SoloSuit understands how you feel and are here to help.

It is important to know that you have legal rights when contacted by a debt collection company like Crown Asset Management and there are certain affirmative defenses you could potentially raise that could help you prevail over Crown Asset Management in a debt collection lawsuit.

Crown Asset Management LLC's lawsuit should not be considered a lost battle. When a debt collection company like Crown Asset Management summons you, you have legal rights. This article will discuss those rights, how you should respond, and ways you can increase your chances of beating Crown Asset Management in court.

Let's jump right in.

Who is Crown Asset Management?

Before we discuss how to beat Crown Asset Management, let's investigate the company itself first.

As a certified receivables company, "Crown Asset Management" is a business that buys debt. Since 2004, their business model has relied on buying people's debt from other companies to generate profits.

Imagine you owe money on a hospital bill you met. Instead of paying the hospital, you will pay Crown Asset Management once they have gained the debt. According to their website, they have gained over 500 debt portfolios. The debts include credit cards, consumer loans, lending, and court judgments.

Crown Asset Management also outsources collections to various third parties, which means other debt collectors may shake you down on behalf of Crown Asset Management.

Crown Asset Management has received a lot of complaints

Crown Asset Management received a rating of 1 out of 5 stars on its BBB profile, and more than 40 complaints have been filed against the company in the past three years. Most of these complaints involve violations of the FDCPA. Crown Asset Management, LLC is known for using abusive tactics and harassment to get people to pay off their debts.

Steps to respond to a debt Summons and Complaint

When you are sued by Crown Asset Management, you will receive two documents in the mail called the Summons and Complaint. The Summons notifies you of the debt lawsuit and your deadline to respond, while the Complaint lists all the specific claims being made against you.

Follow these steps to respond to the Summons and Complaint and improve your chancing of winning in court:

  1. Respond to each claim listed in the Summons and Complaint
  2. Make your affirmative defenses
  3. File your Answer with the court and send a copy to the plaintiff

Now, let's break each step down in detail. Don't like reading? Check out this video where SoloSuit's CEO, George Simons, explains these 3 steps to respond to a debt lawsuit:

Step 1: Respond to each claim listed in the Summons and Complaint

When Crown Management debt collection sues you, they take a calculated gamble. That gamble is assuming you will not respond to the lawsuit and will not challenge the business affidavit or accounting. In fact, most people who are sued by debt collection agencies choose to ignore the lawsuit, mostly because they don't know how to respond. Ignoring a debt lawsuit is the worst possible choice you could make because this almost always leads to a default judgment. With a default judgment, Crown Asset Management can do the following:

  • Garnish bank accounts, taking all you have earned.
  • Ask for receivership, which allows them to remove the money from the bank account.
  • Block the sale or purchase of a house or car.
  • Sell your unprotected assets.

So, the first step to winning your debt lawsuit is to draft and file a written Answer into the case.

You have 14-35 days to respond to a debt lawsuit, depending on which state you live in. You should draft your Answer and file it within the deadline to give yourself the best chance at winning. Respond to each claim (or allegation) numbered in the Complaint. Use one of the following answers to respond to each point:

  • Admit: like saying, “this is true.”
  • Deny: like saying, “prove it.”
  • Deny due to lack of knowledge: like saying, “I don't know.”

Most attorneys say that denying all the claims against you is your safest bet.

Step 2: Make your affirmative defenses.

After you've responded to each point in the Complaint, include a section where you assert your affirmative defenses in your Answer document. Affirmative defenses are what you use to prove your side in a lawsuit. It is a list of probable reasons that the person suing you has no case.

You only have one chance to assert your affirmative defenses, and it's in your initial Answer. If you don't do it now, you won't be able to bring it up later in the case. Your defenses might include:

  • Lack of proof of "chain of custody,"
  • Lack of proof you owe the money
  • The debt is past the statute of limitations

Verify whether the debt is within the statute of limitations

Check to see if the statute of limitations has expired—the timeframe a creditor or collector has to collect a debt from you through the courts. Let's say it's been nine years since you paid your credit card debt. At that point, Crown Asset Management comes after you for the debt. In that case, the statute of limitations has expired, so that defense becomes viable.

Debts that are outside the statute of limitations pose fewer risks for you. Crown Asset Management cannot win a judgment against you in court (as long as the statute of limitations has expired).

The court system does not keep track of your debt's statute of limitations. Instead, you must prove the debt is time-barred.

A time-barred debt

A time-barred debt has passed the statute of limitations. Although the statute of limitations has expired, that does not mean that you do not owe money or that your credit rating cannot be affected. This means the creditor will not get a judgment against you if you provide proof that the debt is too old. Such evidence might include a personal check showing the last time you made a payment or your records of the communications you've had with the creditor.

Step 3: File your Answer and stay on top of the case

After you create your Answer, file it with the court and ensure a copy reaches the plaintiff's attorney and the debt collector. As soon as you file your Answer to the Complaint, ensure that you stay abreast of the case. The legal battle does not end after you file your Answer. In the Complaint, for example, there will be a date when you need to appear in court.

There is a "discovery "phase before the trial, where involved parties can request more information and documents. You can request a detailed accounting of the alleged debt and request that Crown Asset Management prove that you owe the alleged debt.

A Crown Management debt collector may sue the wrong person or state an amount owed incorrectly. You should send a debt validation letter to prove the original debt amount. Crown Asset Management must justify the extra fees, penalties, and expenses they have tacked on to the outstanding debt.

Make Crown Management debt collector prove their right to sue you

If Crown Asset Management debt collection sues you, you have the option to raise affirmative defenses to challenge the validity of the lawsuit. Debt collectors should prove the right to sue you. When a Crown Management debt collector collects on a delinquent credit card, the collector must have proof of "chain of custody," such as a copy of the signed credit card agreement to prove that they may collect.

If the Crown Asset Management debt collector cannot provide evidence, you can ask the court to dismiss the debt collector's case. It allows the Crown Management LLC debt collector to pursue the debt legally.

Force Crown Management debt collection to prove the debt is real

When suing you, Crown Asset Management ripoff will rely on "business record affidavits" as evidence. Don't give up hope if you receive a collection lawsuit with such an affidavit. Because Crown Asset Management purchases charged-off debts at a discount, these companies file lawsuits and employ aggressive debt collectors to collect those delinquent debts. Suing you is a way to collect on the debt as quickly as possible to generate a significant profit.

Debt collectors, like Crown Management debt collection, might attempt to make money by reviving old charged-off debts. If the debt is old, the collector will not have the original documents showing you owe the money.

They might claim that they sent you a debt validation notice in the first communication, and you might have overlooked it. However, you should still submit a SoloSuit Debt Validation Letter. To ensure your rights are protected, send your request before the 30-day period has expired.​

Check out this video to learn more about how to draft and send a Debt Validation Letter:

What if the debt is within the statute of limitations?

When you are within the statute of limitations or the credit reporting time limits, you can offer to settle with Crown Asset Management a percentage of the outstanding debt. Resolve your debt lawsuit quickly with the SoloSuit Debt Lawsuit Settlement Letter.

A Debt Lawsuit Settlement Letter provides the debt collector with the opportunity to settle out of court. Despite wanting to win the lawsuit and pay nothing, you might be better off agreeing to pay less than the debt's face value to close the case.

The most effective way to offer to settle is to send it to the plaintiff shortly after filing an Answer to the lawsuit. Here is a video on how to make a debt settlement offer.

Force the lawsuit out of court with arbitration

You may avoid going to court (or at least delay it) by filing a Motion to Compel Arbitration if the Crown Asset Management debt collector sues you. In your case, File this motion using Solosuit's Motion to Compel Arbitration without an attorney's help.

In Arbitration, the parties to a legal dispute agree to have one or more arbitrators decide the dispute after hearing evidence and arguments. The advantage of Arbitration is that you can settle a debt lawsuit outside of court. Arbitrators are trained professionals who listen to both sides of the story and decide.

Arbitration clauses are standard in contracts and agreements. Several state and federal laws allow an individual to Compel Arbitration. To effectively force Arbitration, there are several prerequisites to meet. An arbitration agreement, for instance, should be valid.

Contact Crown Asset Management collections

If you are trying to contact Crown Asset Management, use the following contact information:

Address:
3100 Breckinridge Boulevard
Suite 725
Duluth, Georgia 30096

Telephone:
866) 696-4442

Website:
https://www.crownasset.com/contact-us/

SoloSuit can help you win your case

SoloSuit is a step-by-step web app that asks you specific questions. Once you answer the list of specific questions, you can either print the completed legal forms or mail in hard copies to the court where the debt collector sued. Or you can pay SoloSuit to file it for you and to have an experienced and knowledgeable attorney review the document.

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.

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


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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

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