During your free initial consultation, an attorney will help you understand exactly what to expect now that you have been sued by a Debt Collector. You may feel as though you have no options. We’re here to tell you that that’s simply not true. In fact, there may be one or even multiple defenses to every allegation you are facing. Remember, if you are being accused of breaching a contract or are otherwise facing a debt-related lawsuit, you have rights.
The process for how your case is handled depends on where it is filed and the type of Debt Collector
No two cases are the same. How we handle your case depends on which court your case is filed in. Generally, debt-based lawsuits are filed in either Small Claims Court or County Court. To identify which court your case is filed in, the case number will either include “SC” to indicate Small Claims Court or “CC” for County Court. A small claims case involves a legal action filed in county court to settle minor legal disputes where the dollar amount involved is $8,000 or less, whereas a circuit court case exceeds $8,000.
The Plaintiff in your case is either a First-Party Debt Collector or a Third-Party Debt Collector. A First-Party Debt Collector is typically a banking institution, such as Discover or Capital One. They extended a line of credit to a person who failed to pay back their debt in a timely manner. Whereas a Third-Party Debt Collector is an agency that specializes in recovering unpaid debt in collections. Third-Party Debt Collectors purchase debt for pennies on the dollar and attempt to recover the full balance. Some examples of common Third-Party Debt Collectors are LVNV, Midland Credit Management, Portfolio Recovery Services. The law that applies to your case depends on whether the Plaintiff is a First-Party Debt Collector or a Third-Party Debt Collector.
We Fight for your Cases’ Best Outcome
After our office is retained, the first step in handling your case is filing a Notice of Appearance. This means you will no longer be required to appear in court and opposing counsel is prohibited from contacting you.
In County Court cases, once a party is served a copy of the lawsuit, they have 20 days to file an answer. After we are retained, we typically file an answer to admit or deny the allegations made by the Plaintiff. Depending on the complexity of our response and timing of the case, we may file a Motion for Enlargement of Time. Basically, this extends the time for us to respond to the lawsuit.
In most Small Claims and County Court cases, we often initiate Discovery. Discovery is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Essentially, we compel the Plaintiff to prove that the debt is owed by you and that they have the right to collect on it. Depending on the type of case, our office will file some or all of the following discovery documents:
Interrogatories - a list of questions one party sends to another that must be answered under oath
Request for Admission - a discovery device that allows one party to request that another party admit or deny the truth of a statement under oath
Request for Production - a discovery device used to gain access to documents, electronic data, and physical items held by an opposing party
The use of Discovery is critical to the success of your case. You may be entitled to defenses that you are not aware of. Collecting on debts is a complex process and Creditors must adhere to various state and federal requirements.
Subsequent to filing a Notice of Appearance, we may attempt to settle your lawsuit. Depending on the specific circumstances of your case and the parties involved, we may make a mutual “walk away” offer to the Plaintiff. This is a release of all past, present, and future claims involving the account. A Plaintiff may accept the “walk away” offer to avoid the expense of the Action, in addition to the uncertainty of litigation.
If the Plaintiff agrees to our settlement offer, a Settlement Agreement and Release will be drafted, signed by the parties, and filed with the court. Normally, the release includes language that requires the Plaintiff to release any and all claims related to the lawsuit.
Speak to an experienced Florida Attorney today. If you have been sued by a debt collector, The William T. Shaffer Law Group has over 30 years of experience handling consumer rights cases. Reach out to our legal team today for a free consultation.
Call (850)398-5187 to speak to an attorney.
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