How To Handle Debt Collection Lawsuit

Unfortunate things happen and getting sued by debt collectors is one of those unfortunate things that people would never want to face in their whole life. But, still people have to face such situations sometimes even if they don’t want. Sometimes many non guilty people even get sued by debt collector which is very frustrating and unwanted; on the other hand sometimes it happens because you really are guilty. But, in both situations you have to take steps to overcome the situations. There are many ways available how you can handle such situations legally. But, before you understand how to handle debt collection lawsuit let’s understand why they appear in the first place and why?

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Who Are the Debt Collectors?

A debt collector can be anyone. It can be you, me, an organization, a bank or a company. But, generally to recover money from the borrowers, companies and organizations outsource the money collection task to other organizations and these organizations are known as debt collection agencies. Every year companies lose a large amount of money to its non-paying clients; sometimes people borrow money but fail to recover them and that’s why debt collection comes into account. Debt collection agencies make use of many ways to collect money from the borrower.

What Debt Collection Agencies Can Do?

Debt collection agencies can work in many ways. They can work under an organization from where you have taken the money or they can buy the debt from a company in order to make some extra money from the borrowers. In this case the debt collection agency pays a certain amount of bad debt to bank or company and takes the responsibility of collecting the money from the borrowers by themselves. To collect the money from the agency can file a case against the borrower or they can also try other ways to get back the money. Sometimes, many agencies create violations, harassments, intimidation, damaging etc to recover the money but if any of these happens and the agency do anything by going against the law then a borrower have the full right to claim a case against the agency.

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Now the question is, how one can get rid of the tension of being sued by debt collectors?

How to Handle Debt Collection Lawsuit?

The most important thing for every debtor is to know that they can’t run away from the situation. If they have taken money from somewhere then they have to return it back. But, there are ways available how you can lower the burden. There are some steps that you must follow in case if you are under debt collection lawsuit.

Give Immediate Response to the Lawsuit:

There are many people who make the mistake of not responding to the lawsuit. Sometimes, many even refuse to accept the letter but refusing the letter won’t be able to stop the lawsuit against you. Moreover, it will worsen the case and the court judgement will go against you. Thus, the first thing that you should do is respond to the lawsuit as quickly as possible. Once you receive the complaint against you, you will be given a period to answer to the complaint. You can either admit the lawsuit or deny the lawsuit and based on your answer the case will go further. You can reply to the lawsuit by yourself or you can also hire an attorney to respond and fight the lawsuit. But, the best thing is to hire an attorney to handle all things legally, safely and lawfully.

Defy the Lawsuit:

If you can prove then you have already paid your debt beforehand and the lawsuit against you is fraud then you can challenge the complaint by requesting the court to dismiss the lawsuit against you. Sometimes, the debt collectors fail to provide sufficient papers against the borrower. No matter whether it is an agency, a person or a company, being a debt collector one must be able to present proper documentation in order to sue a person. Thus, if you are sued by an agency then don’t forget to request for writing documentation and verification of the documentation. If the agency fails to submit the documentation properly then there is a big chance that the lawsuit against you will fail. Hiring an attorney to perform this task is the best idea because they can advise you which defences would be successful and can bring positive result.

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Use the Statue of Limitations as your Weapon:

In general a debt collector has four to six years to sue a collect their money and if the debt collector fails to do it within that period of time, a borrower can use this as a strong defense point in the court and in most cases the borrowers wins based on this point. However, the statue of limitations generally doesn’t stop debt collections agencies from suing the victim but the victims can use it as their weapon to fight the lawsuit.

Ask the Debt Collector to Prove the Debt:

As mentioned earlier, you must ask for the proper documentation of your debt and the reason for suing you. The debt collection agency is bound to show the original document of the agreement, the amount taken by the borrower and other necessary details. If you are lucky then it could happen that the collection agency might not become able to show the proper documentation. Moreover, sometimes the agencies create false documentation and sue people on a debt that they never have made. Thus, it is important that you ask for the proper documentation against your blame.

Consult an Attorney:

To handle debt collection lawsuit the first and foremost thing that every borrower should do is consulting with a legal attorney to handle the case smoothly. Even if it will cost you certain amount to hire an attorney but if you don’t want your car, house and bank account to get sized by the debt collectors, you have to take this step anyway. A legal attorney will guide you step by step, how you must handle the situation wisely and lawfully.

The above given details must have given you some idea about how to handle a debt collection agency. If you are a victim yourself, then call an attorney right away before it is too late.
 
 
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