George Simons | December 01, 2022
Summary: Want to stop a debt collector who's gotten too aggressive? Here's a template for a cease and desist letter that will make debt collectors go away.
Whenever you fall behind on repaying debt, chances are, you may start receiving endless calls, emails, and letters from a debt collector. A debt collector is a third party who bought your account from the original creditor for the sole purpose of trying to recover the money you owe.
Debt collectors are embarrassing and very stressful to deal with. Some, such as Asset recovery solutions, are known for inappropriate and unethical tactics to recover debts.
The US government regulates the lengths to which a debt collector can go to claim the debt you supposedly owe. The said regulations are found under the Fair Debt Collection Practices Act (FDCPA).
Despite the lengths that the government takes to protect you, some collectors such as Asset Recovery solutions have a reputation of using unethical and aggressive methods to collect their debts. Many US citizens have filed numerous complaints with the Better Business Bureau and/or the Consumer Financial Protection Bureau, alleging that the debt collector mentioned above used unlawful debt collection methods. In some instances, the complaining parties claim that they do not owe the money being claimed.
Don't let debt collectors push you around. File a response with SoloSuit.
To protect yourself from unscrupulous debt collectors, it is imperative to be aware of your rights and know what you should or should not say. Whatever you say may be used as evidence in court when the debt collector sues you.
According to the laws put forth by the FDCPA, a debt collector cannot;
Knowing the above rights gives you a fighting chance in any lawsuit that a debt collector may file against you. However tempting it may be, please do not ignore the lawsuit as it may be considered an admission of guilt, and a judge may pass a judgment without your presence.
The moment you send a cease and desist letter to a debt collector notifying them to stop contacting you about your alleged debt, the only action they may take is to sue you in a civil court. In Virginia, such a lawsuit is known as a warrant of debt, while in other states, it is considered a type of civil action.
Both terms mean you owe money in debt, and the court is liable to pass judgment forcing you to pay. Depending on the debt's severity and your financial situation, the judgment could include freezing of your accounts or wage garnishment.
A warrant of debt is served either through mail or in-person (via sheriff or a process server). Either way, the document contains the following information;
Make the right affirmative defenses with SoloSuit.
When served with the warrant of debt court summon, here are a few measures you can take to protect yourself;
The whole point of going to court is for the judge to decide if the debt is valid or not. If it is deemed valid, you will be required to pay up unless you file for bankruptcy.
If you decide to dispute the debt, the judge will order a "bill of particulars" and a "grounds of defense."
Bill of particulars is a document submitted by the debt collector; it contains the specific amount owed, the interest acquired, along with proof/reasoning that you owe the debt claimed by the debt collector or creditor.
On the other hand, grounds of defense are the documents you file to contend or accept the contents of the bill of particulars. Also, the documents should contain your defense and the claims of the statute of limitations (if applicable). A statute of limitations is the time-limit a person or entity has to file a lawsuit against someone else.
On the summon day, the debt collector or creditor will collect any useful evidence ascertaining that the debt is valid. Their proof documents will include;
You, on the other hand, should be armed with either of the following defenses;
Use SoloSuit to make the right defense and win your case.
The lawsuit can only have one winner between you and the debt collector. If you win, the case will be dismissed, and you may be liable for reimbursement for your time and legal fees.
If the debt collector wins, then judgment will be placed against you. In most states, judgment is valid for ten years, while in Virginia, it can go up to 40 years. By the time the period mentioned above is over, the debt collector needs to have collected their dues.
Depending on the debt collector, he/she may choose to collect their debts by bank account freezes, wage garnishment, or property liens. Property liens is a legal claim on assets such as houses, cars, or boats that grants the holder the ability to reclaim the property if their debts are not paid.
Wage garnishment is where part of your disposable income is paid directly to the debt collector until your debt is paid. In Virginia, the debt collector can take up to 25% of your disposable income. In the case of a wage garnishment, your social security is protected from deductions.
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
>>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
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.
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Need more info on statutes of limitations? Read our 50-state guide.
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