Why Fight Debt Collection Lawsuits: Because Most of Them Are Bogus
Sued by a Debt Collector in Missouri?
The Scenario – Lawsuit Served:
There was an old debt and you owe it. You previously tried to make agreements with the creditor, but that didn’t work. You’d still make arrangements to pay back the money if they would give you a chance. You want to pay it back, and the failure to do so isn’t simply because you didn’t want to, that’s not what’s going on. Maybe you had been told the debt had been “written off”, but apparently that wasn’t the case. You intend on paying back the creditor, but times are tight right now, and there’s simply not enough to go around. Rent and groceries are taking most of what’s left of your paycheck. And then, you are served with a lawsuit.
The Defendant in the case is clear, it’s you, because you are being sued by a debt collector in Missouri. The Plaintiff on the other hand, the one doing the suing, you’ve never heard of them, and you sure as heck don’t believe you owe them any money. The names on listed as “Plaintiff” are foreign to you; CACH LLC, Cavalry SVP, NCO Financial Services, Unified CCR, LLC, Specified Credit Association, the list is long, and usually, you’ll never recognize who it is that is doing the suing, and likely, won’t know why. You think to yourself, “I never borrowed money from them, what the heck?”
Bad Debt Collections Lawsuits on the Rise
Here at Markwell Law, LLC, we have seen a recent increase in cases of debt collection lawsuits. In many instances, these cases should have never been filed in the first place. As a result, if you are being sued by CACH LLC, or any debt collection company, you have several option which may include fighting the case in whole, discussing payment arrangement, or even turning the tables against them for violations of the FDCPA (Fair Debt Collection Practices Act). Under the FDCPA, you may very well be entitle to compensation and the violating party will be required to pay any and all of your attorney’s fees of fighting these bad debt collection lawsuits.
Who, What, Why, Where and When Did This Happen?
In short, many debt collection companies are filing suits against debtors, trying to collect a debt originally owed to someone else. These debt collection companies purchase these accounts (debts), and file the lawsuits. Unfortunately, most people do not fight these cases, assume that they owe the money, and lose the case in either default because they simply do not show up for court, or consent to a judgment they could have otherwise won, thereby paying potentially thousands of dollars unnecessarily. It is important to understand that in order to properly fight such a suit, the debt collection company is required to file a proper affidavit from the custodian of records form the creditor, and an assignment of claim or claims showing that the Plaintiff to the lawsuit actually has the right to file such a suit. Without this information, the suit is without merit, and often in violation of federal law as discussed above.
What to Do When Sued by a Debt Collection Company in Missouri
Document, Document, Document!! Keep in mind, not unlike banks and insurance companies, and really any business, the debt collectors are represented by attorneys, and have the sole purpose of profit. They are there to maximize there profits, and those profits come from you. They are making a legal claim, but just because they are making it, and just because that claim may look pretty on the piece of paper it was served on, and just because the letter from the law firm was on heavy weight bonded gold leaf paper, it does not mean they actually have a valid claim. You have to investigate the matter. You’ll want to start by gathering as many of the documents as you can; old letters, bills, notes you made, everything. You should also document any communication you had with them, at any time. Document how you were served, was it at work, home, in the community? Did they actually serve you, a family member, someone at your house? Document what was said in phone calls, when they called, who it was that called. Your attorney will want as much documentation as possible in this regard.
If you, or anyone you know is being sued by this debt collection company, give us a call today to speak about your options. These debt collectors have a tram of attorney’s at their disposal, you need a professional on your team.
“Why Fight Debt Collection Lawsuits: Because many are completely frivolous and in violation of your rights as a consumer.”
We offer a free initial consultation to review your case and explore options. We have offices in St. Charles County, seconds off Hwy 70.Markwell Law, LLC Charles (Guss) Markwell 1031 Peruque Crossing Ct. Ste. B O’Fallon, MO 63366 636-486-1093
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