Sued by Monarch Recovery? How to win.
Chloe Meltzer | July 27, 2022
Summary: Is Monarch Recovery suing you for a debt? SoloSuit can help you win in court without hiring an attorney.
Monarch Recovery Management is a collection agency based in Bensalem, Pennsylvania. Founded in 1973, they have grown to over 300 employees. If you have been notified that you are being sued by Monarch Recovery Management, it is very important to respond to the lawsuit. If you do not, then you may have a judgment placed against you. This can be serious and cause more harm.
Who Monarch Recovery Management collects for
Monarch Recovery Management collects on many different types of debts, such as:
- Credit card
- Utility debts
They also collect on behalf of debt buyers and property managers. To collect debts, Monarch Recovery frequently uses tactics that violate the Fair Debt Collection Practices Act (FDCPA) such as auto dialing (otherwise known as robocalling). Monarch Recovery Management also writes a series of letters and uses data collection via skip tracing software as tools to collect debts. They claim to make at least four phone calls to every new account in the very first week.
Your rights under the FDCPA
The Fair Debt Collections Practices Act (FDCPA) protects consumers from predatory debt collectors. If any of the following has happened to you, then you may have a case to win against Monarch Recovery Management:
- Early morning or late night calls (before f 8 am and after 9 pm)
- Calls at work when your employer prohibits such communications
- Calling your family, friends, neighbors, or coworkers about your debt
- Threats that include violence, lawsuit, or arrest for a debt
- Attempting to collect more than you owe
- Threats of negative credit reporting
- Any attempts to intimidate
- Criminal accusations
- Use of obscene language during an attempt to collect
- Automated robocalls
How to respond to a Monarch Recovery Management lawsuit and win
If you are being sued by Monarch Recovery Management for a debt you do not owe, follow these steps for the best chance to win.
The first step to beating Monarch Recovery in court is responding. Nearly 90% of people sued for debt automatically lose because they don't respond. You can beat the odds by drafting a written Answer to the lawsuit and submitting it to the court for filing.
If Monarch Recovery is suing you for debt, you should have received the court documents notifying you of the lawsuit and listing the specific allegations against you; these documents are called the Summons and Complaint. You should always respond to the Summons and Complaint to avoid a default judgment. Default judgments grant Monarch Recovery the right to garnish your wages and put liens on your property (house, car, etc.).
You may think you need to hire an attorney to help you respond to the lawsuit, but finding a lawyer can be costly and time-consuming. You can save the money and time by representing yourself, with SoloSuit's help, for free!
SoloSuit can help you draft a written Answer to your lawsuit in minutes. SoloSuit can also file your Answer for you and connect you with an attorney who will review your documents before submitting them to the court and opposing attorney.
Here's a flowchart that outlines all the possible routes a debt lawsuit can take:
When responding to a debt collection lawsuit be sure to avoid admitting liability for the debt. You should force the creditor to prove your responsibility for it. Then, you should File the Answer with the Clerk of Court, and get a stamped copy from the Clerk of Court. Be sure to send the stamped copy via certified mail to the plaintiff.
Challenge the company's legal right to sue
Another method of responding to a debt collection lawsuit is to challenge the right of the company to file the lawsuit against you. By the time a debt is brought to court, it has most likely been sold multiple times. This means that Monarch Recovery may not have the legal proof required to sue you. If you ask them to show proof that they have a right sue, and they can't, then the case will most likely be dropped.
Examples of proof include:
- Credit agreement signed by you
- Documentation of the chain of custody of all paperwork
This means that they must prove that you:
- Are responsible for the debt
- That they have the right to sue you
- That you owe a specific amount
Look into the statute of limitations
Statutes of limitations govern how long a creditor can legally sue you for debt. This depends on the state you live in, and the type of debt you have. However, typically it is between four to six years since the last day you were active on an account.
Activity on an account typically refers to making a payment or drawing funds from the account. It might include the last time you chose to make a purchase or made a payment on the balance of the card. This is why you should never make a payment on any delinquent account, or any account that is going through a lawsuit, as you may risk resetting the clock on the statute of limitations.
File a counterclaim
If a debt collector violated the Fair Debt Collection Practices Act, you could be entitled to sue them for legal fees and other damages they may have caused.
If Monarch Recovery Management has violated the FDCPA then you can file a claim against them to recover damages. Some of the damages that can be caused by this type of case include:
- Physical distress caused by harassment: This may cause you to suffer migraines, tension headaches, high blood pressure, depression, anxiety, or panic attacks.
- Emotional distress caused by harassment: This may include mental anguish, damaged relationships, etc.
- Statutory damages: For those who have suffered from harassment and violations, it is possible to collect $1,000 in statutory damages from Monarch Recovery Management per violation of the FDCPA.
- Lost wages: If Monarch Recovery's debt collection tactics caused you to miss work, it is possible to be compensated for lost wages.
- Recovery of wage garnishment: If your wages have already been garnished due to an FDCPA violation by Monarch Recovery Management, then they can be returned to you.
- Legal fees: You can ask that Monarch Recovery Management cover your legal fees, including attorney's fees and court costs.
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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