If you have been sued by a debt collection agency such as LVNV Funding, Cavalry SPV, Portfolio Recovery Services, or Midland Credit Management, it is crucial to take prompt action to safeguard yourself and your assets. These companies specialize in buying delinquent credit accounts and trying to recover the balance. Being sued by one of them can be a challenging and distressing experience. However, there are several steps you can take to defend yourself and minimize the potential impact of the lawsuit. It is critical to not ignore the lawsuit and take swift action to protect your legal rights and financial interests.
1. Verify the Lawsuit: The first step you should take is to verify that a lawsuit has been filed against you. This can be done by visiting the clerk of court in the county where you reside or believe the suit has been filed. You can search for your name or case number to locate your specific case, obtain a copy of the complaint, and thoroughly review it. Additionally, check the court events for any scheduled pre-trial dates. It is essential to take these steps as soon as possible to ensure that you are aware of the lawsuit and can take appropriate action to defend yourself in court.
2. Review the Claim: When a lawsuit is based on the records of another company, it's important to thoroughly review the claim to ensure accuracy. Don't assume that the records are correct just because they have been written. Carefully examine all the papers and confirm that the debt in question belongs to you. Even if you don't dispute the amount being claimed, there may be additional defenses available to you that you are not aware of. These could include faults within the lawsuit, whether the account is within the statute of limitations, or whether the lawsuit presents sufficient evidence. It is recommended to consult with an attorney to help evaluate your case and determine the best course of action.
3. Keep a Call Log: To protect yourself from potential debt collection harassment, it is crucial to keep detailed records of any correspondence received from the company suing you. This includes keeping a log of all phone calls, emails, or letters, including the date and time of each communication, the name of the debt collector, and a brief summary of the conversation. These records will be essential in the event that you need to prove any improper collection practices. Debt collection harassment is a serious issue and can be defined as any unwanted or excessive communication from a debt collector that is intended to intimidate, oppress, or abuse the person being contacted. Keeping a record of all these communication will help you to prove your case and allow you to take the appropriate legal action to stop the harassment.
4. Consider Your Options: When facing a debt collection lawsuit, it is important to explore all of your available options to find the best course of action for your unique situation. With the guidance of an experienced attorney, you may be able to achieve an outright dismissal of the lawsuit, reach a settlement for a fraction of the debt owed, or negotiate manageable monthly payment plans with your creditors. Additionally, if you are facing a significant amount of consumer debt, it may be worth considering the possibility of filing for bankruptcy as a means of managing your debt and protecting your assets. Bankruptcy is a legal process that allows individuals to get relief from overwhelming debt.
5. Take Action: It is crucial to take immediate action to protect yourself from the potential consequences of a final judgment being entered against you in a debt collection lawsuit. These consequences can include wage garnishment, frozen bank accounts, the loss of property or vehicles, and severe damage to your credit and mortgage-borrowing capabilities in the future. However, it is important not to panic and to take the necessary steps to respond to the lawsuit and avoid a default judgment. By seeking the guidance and representation of an experienced attorney, you can better understand your rights and options, and work towards a resolution that best suits your needs. It's important to take action and respond to the lawsuit in timely manner to avoid default judgement and protect yourself from the potential long-term consequences.
William T. Shaffer is dedicated to providing personalized and comprehensive legal guidance to clients facing debt collection lawsuits. We understand that these situations can be overwhelming, and that's why we offer a complimentary consultation to help you better understand your rights and options. During this consultation, one of our attorneys will take the time to evaluate your case, review the claim and records, and discuss your options with you in detail. Whether you're seeking a dismissal of the lawsuit, a settlement, or a manageable payment plan, our attorneys will work with you to find a solution that best fits your needs. Please call William T. Shaffer at (850)398-5187 for your complimentary consultation.
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