Debt Collection Lawsuit
Debt collection lawsuits are usually filed by debt collectors or so-called debt buyers who claim to have purchased the debts from the original creditors. For example, debt collectors may buy charged-off credit cards from companies like Bank of America, Capital One, Citibank, or Discover. Debt collectors also buy student loans and medical debt, and we handle these cases as well. In fact, student loan companies like National Collegiate Student Loan Trust are some of the biggest debt collectors out there. DYE CULIK PC handles debt lawsuit cases with virtually any type of credit card debt, medical debt, student loan, or other debt.
It is very important to have legal representation in a debt collection lawsuit so your rights are protected and the court procedures are followed. This can often save you money and even have the case dismissed.
When a debt collector sues you, you have 30 days to send an Answer. The lawsuit is called a Complaint. You should also receive a notice called a Summons that tells you who is suing you, in which court, and where to send your response.
It is very important to have representation in a debt collection lawsuit so your rights are protected and the court procedures are followed. DYE CULIK PC represents individuals and business in debt collection lawsuits. We do this effectively by properly drafting the Answer to the Debt Collection Complaint and advocating for you in court to avoid a judgment, additional fees, and possible garnishment of your wages.
The debt collector has the burden of proof that you owe the debt and must show "by a preponderance of the evidence" that you owe the debt. It's their job to show this -- not yours. By disputing the debt whenever legally and ethically permissible, we make the debt collector prove that you owe it. In short, there is no point in doing their work.
You might be entitled to file a Counterclaim against the debt collector. A Counterclaim is when you file a cross-lawsuit against the debt collector. Violations of debt collection laws like the Fair Debt Collection Practices Act (FDCPA) or state laws are the usual reasons for filing a Counterclaim. We evaluate our clients’ cases for potential Counterclaims, which sometimes can reduce the amount owed, or even get the debt collection case dismissed altogether.
The best outcome is for a debt collection lawsuit to be dismissed. This can be done if the collector is unable to produce documents like the assignment in the Discovery process. Sometimes the collector produces documents, but they are not legally sufficient under the rules of evidence to prove that you owe the debt or that the account was assigned to the debt collector. If this is the case, then we can file a motion to dismiss the case.
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