• DYE CULIK PC | Consumer Protection Division

What to Do If You’re Sued by a Debt Buyer


While dozens of cases were called, there was one obvious problem – the defendants were missing. There were less than 10 people in the courtroom intending to defend their cases. Where were all the other defendants?

It’s likely that some of them chose to not to attend. Maybe they (wrongly) thought there was nothing they could do to defend the case, and that attendance would be a waste of time.

Many others, though, did attend – at least initially. But prior to their hearing, nearly all of these would-be defendants met with the debt buyer’s attorney and agreed to give them a full judgment along with a payment plan agreement. While these people might have come to court with the best of intentions, they just gave the farm away for nothing.

Although it might be intimidating the defend debt-buyer lawsuits, the burden is always on the plaintiff to prove their case. It’s their burden to prove that the account is yours, that charges were incurred, that charges were unpaid, and that they have the right to collect those unpaid charges from you. This is often more difficult than you might think.

Additionally, various state and federal laws can provide significant protection of your income and assets. But those protections can be voluntarily waived, and any payment plan agreed upon with a debt buyer in the hallway of a courthouse might not be in your best interests.

Any lawsuit from a debt buyer is therefore something that you should review with an experienced consumer litigation attorney as soon as possible. In addition to reviewing your potential defenses, you would be able to determine whether the debt buyer also violated the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, or the Massachusetts Consumer Protection Act. If any of these laws were violated, the debt buyer might actually owe you money damages and attorney’s fees.

If you’ve been sued by a debt buyer and would like to review your options, please contact us for a free consultation.

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Culik Law is a Massachusetts Law Firm. The posts on Culik Law’s blog are not intended as legal advice. If you have questions about your particular situation, CONTACT CULIK LAW for a Free Consultation.