How to handle a Lawsuit from a Debt Agency
Being sued by a debt collection agency is a very common thing these days. Often times when you are hit with such a lawsuit, you are unsure in regard to how to respond. In fact, for that matter, many people are unsure about whether to even respond or not. Being sued for debt is a problem that can manifest itself into various situations depending on how the case goes forward but the bottom line is that no matter what, you need a lawyer. Once a plaintiff files a suit against you, you will definitely want to get in touch with a well-seasoned lawyer who can explain your options to you and guide you through this process. Here is a basic outline of the response process:
- Talk to an attorney
Talking to an attorney when being sued is a must. Often times, a lawsuit arrives and people never respond, thinking that by ignoring a lawsuit, it could go away. You should absolutely never choose to ignore a lawsuit. There is always a chance that the debt that you’re being sued for could have expired under the statute of limitations. Simply put, the statute of limitations is the time span under which one can enforce the debt collection. After this has expired, the debt cannot be enforced. If you choose to ignore a lawsuit wherein you stood a chance to cancel it by playing the statute of limitations card, things could end up very badly for you. Failure to show up to court goes down badly in the court’s eyes and your case can be turned on you.
- Make sure to respond to the lawsuit
You will often be advised to respond to the lawsuit, but this response cannot be a typical phone call or a text. Once a lawsuit is filed, you are not allowed to contact the plaintiff and you have to respond to them legally through an ‘answer’. This is a legal brief in response to their lawsuit. Your answer is suggested to not include any admission of liability as they could use this against you. When you’re being sued by a debt collector, let them prove the debt liability against you.
- Challenge the plaintiff’s right to sue
While this may not be the appropriate thing for everyone, keep in mind that when you’re getting sued for debt, there is a chance that the person reinforcing the debt is not the original debt collector. Oftentimes, companies sell off their debts to a debt collection agency who offers to collect the debt for themselves then. So eventually, the debt collection agency will file a lawsuit against you. For example, after selling off your initial debt, you could be sued for credit card debt by collection agency.
Well, the bright side about getting sued for a debt from a third party is that you have the opportunity to challenge the plaintiff on their right to sue. Sometimes, the debt changes a lot of hands as it is sold to various collection agencies before a final lawsuit is filed. Under such circumstances, you can respond by challenging their legal right to sue you. The suing party will then have to prove their legal right to sue you. You should definitely push for proof. Proving a debt requires meticulously kept papers and materials that are to be presented in front of the court. If the suing party is incapable of producing these, you stand a chance to terminate the lawsuit for lack of proof.
There are various good ways of dealing with your situation when you’re being sued by debt collector in Florida or any other state. To be able to access all the right options, be sure to contact a competent lawyer from a reputed company like Dsouza & Strachan law group. Our lawyers can make sure that you are presented with all possible strategies to tackle your case effectively and vigorously. Contact us today. (Phone number)