How to defend yourself in a debt collection lawsuit?

If you’re being sued over an unpaid debt, you do have legal ways to defend yourself. Here are 8 things our lawyers look for when defending our clients in a debt collection lawsuit: Whether the summons and complaint were properly served. If the creditor did not serve you correctly, then the claim cannot go forward.

What happens if a debt collector can’t prove ownership?

If the debt collector cannot prove ownership of the debt it is asserting against you, for example, its whole case must fail. Likewise if it can’t prove the amount of the debt or that you owe it. If any part of the plaintiff’s case fails, all of it does.

Can a creditor use mistaken identity as a defense?

Mistaken identity can be asserted as a defense in the event that you are sued. If this debt is on your credit report, it may be an FCRA violation. If you are currently being pursued by a creditor over an unpaid debt, it is time to take action. We encourage you to reach out today for assistance at 804-282-7900.

Can a debt collector bring a motion for summary judgment?

When you’re being sued by the debt collector and have brought a counterclaim, you might bring a motion for summary judgment motion as to both parts of the case. They’re treated differently. The plaintiff has the burden of proof, and that makes a lot of difference in motions for summary judgment.

How can I prove my defense against a debt collector?

It means that you can prove your defense against the debt collector either by showing that and one part of its case against you cannot be proved. If the debt collector cannot prove ownership of the debt it is asserting against you, for example, its whole case must fail. Likewise if it can’t prove the amount of the debt or that you owe it.

Can a debt collector Sue you for money owed?

Challenge the debt collector’s, or Plaintiff’s, ability to file this lawsuit against you in the first place. Credit card debt is almost always bought for pennies on the dollar by a collection agency who in turn is going to try to sue you to collect the money owed.

When to respond to a debt collection lawsuit?

Worse, the collector may be able to add attorney’s fees, court costs or interest to the balance. In some cases, the balance can double or triple due to these additional costs. Responding to a debt collection lawsuit, then, is a must. Once the plaintiff (the collection agency or creditor) files a lawsuit, the matter is put before the court.

How to fight and win a debt lawsuit?

Bottom line, the collection agency needs to prove they have the right to collect this debt as evidence by a transfer of the signed credit card agreement. We can bet 99.9 percent of the credit card debt is not properly transferred to the collection agency in this manner.

File the Answer with the Clerk of Court. Ask for a stamped copy of the Answer from the Clerk of Court. Send the stamped copy certified mail to the plaintiff.

When does a debt collection agency Sue You?

While each case is a little different, and different states and courts have different rules, here’s what generally happens if a collection agency sues you for nonpayment of a debt. A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court.

How often do you have to go to court in a debt collection case?

Some courts require that the parties come together at least once before the trial to try to settle the case. It’s vital that you attend court hearings and respond to court notices, or the court might let the collector win by default.

What happens when a creditor sues a collector?

If the creditor or collector files its lawsuit in small claims court, you’ll probably first get notification about the suit. Then, the parties go to court for a trial in front of a magistrate or other judicial officer. Typically, a written answer is optional and rules of evidence are inapplicable.

Who is person who turned claim over to debt collection agency?

The person who turned the claim over to the debt collection agency is woman who lived with me. I responded to the collection agency as required asking for proof and denying that any debt is mine. She claims I owe her money for work she did for me. We had no contract nor understand that I would pay her for some paper work she chose to do.

What happens if a debt collector violates the Fair Debt Collection Practices Act?

Debt collectors that violate the Fair Debt Collection Practices Act may be on the hook for more than your legal fees. Consult a lawyer about this step, but if the creditor has engaged in violations, you may be able to seek compensation for any related damages.

How to request documents for a credit card lawsuit?

The request for production of documents is the most common way of obtaining documents when dealing with a credit card lawsuit. With the advances made in technology the documents usually encompass electronic files as opposed to just paper. The defendant should state exactly which documents are needed.

Can a person sue someone for defamation of character?

The only option you have is suing someone for defamation of character if the statements made against you were completely untrue but were not expressed as an opinion. If someone made untrue statements about you to the police and these statements caused you material harm, then you may be able to sue for defamation of character.

What to do when a collection agency sues you?

For example, if a collection agency is suing you for $4,000 related to a credit card account, you should ask for documentation that starts with the opening of your account and ends with the last activity on the account. The goal is to demand that they account for every dollar they say you owe by showing:

What do you need to file a lawsuit against someone?

When you sue a person, you file your lawsuit against that person, using their legal name and any aliases. You also need that person’s address. Often, it is easy to get this information if you do not already have it, by looking at any paperwork you may have about the legal dispute. But, sometimes, this information is not easily available to you.

Can a damage to clothing case go to Small Claims Court?

Do Not Sell My Personal Information Disputes involving damage to clothing are extremely common in small claims court and judges seem to apply a logic to them that they apply to no other property damage cases.

What can I do in a retail store lawsuit?

The damages available to a plaintiff in a retail store lawsuit will vary widely, based on state laws as well as the specific circumstances of each case. In general, the injured party can claim general and/or special compensatory damages. This is a form of financial compensation from the party responsible for causing the injury, and can include:

Can a person Sue a store for discrimination?

Can I Sue a Store for Discrimination? In short, yes. Although privately owned businesses maintain the right to refuse service, this right does not cover discrimination. Discrimination occurs when a person is mistreated because of their belonging to a protected class. Examples of protected classes include: Race and/or national origin;

Can a retail store be sued for excessive force?

They do not have the right to use excessive force in doing so. Lack of store security resulting in a plaintiff’s injuries is another example of a claim for which a retail store may be sued;

Can a debtor Sue you for only part of the debt?

Whether Payment was made on the debt, either in part or in full. Even if you paid another party for the debt, payment is typically a valid defense to a collection action. You can assert this defense even if you only paid part of the debt, because creditors only have the right to sue you for what you owe.

When does a creditor have standing to sue you?

If you assert that a creditor does not have standing to sue you, the creditor must prove that it has the right to do so. When the debt has been sold, sometimes multiple times, it can be difficult for the creditor to meet this obligation. Whether Payment was made on the debt, either in part or in full.

Can a credit card debt be a defense?

Even if you paid another party for the debt, payment is typically a valid defense to a collection action. You can assert this defense even if you only paid part of the debt, because creditors only have the right to sue you for what you owe. If the debt involves credit card debt, whether the charges were fraudulent.

What are the defenses to credit card debt lawsuits?

It requires collectors to provide you with validation of your debt when you request it and stop collection activities until they do. It prohibits certain collection activities such as threatening to sue on debt that is beyond the statute of limitations.

How can I win a credit card lawsuit?

If the plaintiff bought the debt from another debt buyer, you need every bill of sale all the way back to the credit card company. Request each bill of sale. If there is a break in the chain of title, then you can win your lawsuit. A copy of the debt buyer’s license.

What happens when you get served papers for debt?

One thing that happens when you get served papers for debt is that the burden of proof rests heavily with the plaintiff. That means the person suing you has to prove: That you are responsible for the debt; That they have the right to sue you; That you owe a specific amount

Which is the first document filed in a lawsuit?

Usually the first document filed in a lawsuit is the complaint (or petition), which provides an outline of the plaintiff’s case against the defendant.

What do you need to know about filing a lawsuit?

Most states require that the complaint set forth a short and plain statement of the plaintiff’s claims, so don’t be surprised if the facts are sketchy, or if they don’t seem to tell the whole story. The summons is an order from the court where the lawsuit will be heard or “litigated.”

File the Answer with the Clerk of Court. Ask for a stamped copy of the Answer from the Clerk of Court. Send the stamped copy certified mail to the plaintiff.

When to use’upon information and belief’in a lawsuit?

Sometimes the plaintiff will use the phrase, “upon information and belief” before setting forth some facts. This means that the plaintiff has heard about those facts from someone else, or has formed the belief that the events described in the paragraph happened as described.

What should I do if I receive a lawsuit against my company?

Contact the insurance provider to inform them of the lawsuit and find out if your specific case is covered. When you receive a lawsuit, you are issued a deadline to submit a written response to it, typically within 30 days, although this may vary from state to state.

What happens when you respond to a civil lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert “affirmative defenses,” facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you.

How to respond to a complaint if you have been sued?

Responding To A Complaint If You’ve Been Sued. 1 Step 1: Calculate your deadline to respond. 2 Step 2: Evaluate your options. 3 Step 3: Prepare a response. 4 Step 4: File your response with the court. 5 Step 5: Give plaintiff a copy of your response.

Can a lawsuit be used against a business?

Many of our experts reminded business owners that anything they say regarding the lawsuit can be used against them, so you should not contact the plaintiff at all. “Once a lawsuit has been filed, you should not communicate with the plaintiff at all,” said John R. O’Brien, a retired Chicago-based attorney of O’Brien Watters & Davis.

What happens if you don’t file a response to a lawsuit?

If you do not file a written response within the required time, the “plaintiff” (the party suing you) can ask the court for a default judgment against you for everything she asked for in her complaint. After the plaintiff gets a default judgment, she can try to garnish your wages, attach your bank account, or take your property.

What’s the best way to defend a debt collection lawsuit?

Some tips for doing so include: Don’t admit liability for the debt; force the creditor to prove the debt and your responsibility for it. File the Answer with the Clerk of Court. Ask for a stamped copy of the Answer from the Clerk of Court.

What happens if I fail to respond to a debt collection?

If you fail to respond, however, the collection agency will get a default judgment against you. That opens up new avenues of collection for them, including wage garnishment or the ability to take money from your bank account, depending on state law. Worse, the collector may be able to add attorney’s fees, court costs or interest to the balance.

Can a debt collector take money from your bank account?

That opens up new avenues of collection for them, including wage garnishment or the ability to take money from your bank account, depending on state law. Worse, the collector may be able to add attorney’s fees, court costs or interest to the balance.

What to do if you get sued by Unifund CCR?

If you’ve been sued by Unifund CCR, LLC in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like Unifund CCR, LLC in New York and New Jersey.

Where is Unifund CCR, LLC located in Cincinnati?

Unifund CCR, LLC makes debt collection calls from (888) 473-5021 and (888) 473-5021 and is located at: 10625 Techwoods Circle. Cincinnati, OH 45242. Unifund CCR, LLC is a notorious violator of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations.

Do you blame Unifund for what you owe?

Don’t blame it on Unifund. You purchased something that you didnt pay for, they are just trying to collect what you owe! Your consequence is owing more because of what it costs these companies to deal with you. If you all would pay your debts you wouldn’t owe anyone!

Who is suing you for an old debt?

Unifund CCR LLC is suing you for an old debt. WHO IS UNIFUND CCR, LLC?: Unifund CCR, LLC, also known as Unifund CCR Partners is an infamous “debt buyer”, buying up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar.