Top 7 Steps To Defend a Debt Collection Lawsuit
A debt collection lawsuit is always an unfavorable thing to happen in life. But almost 70 million people in America deal with debt collectors and this is not a one-time problem. You may want to deal with a debt collector by finding the fastest way possible but according to the top attorneys, it is not the right thing to do.
The solution to a debt collector is reaching out to someone who knows how to deal with them. The best person who can help you out is a consumer rights protection lawyer in Chula Vista, CA. Find the best one who can cater to your needs with the suitable experience of the lawsuit.
Now, what are the things that you can do to minimize the outcomes of a lawsuit? There could be various things that come to your mind but take a step back and think. It is time that you take proper actions, so read the steps mentioned below and start working on them.
Be spontaneous, give a response to the lawsuit:
Anyone does think once of not stepping into legal matters but if you don’t take action now then it may get too late. You may owe the debt but that doesn’t mean to not fight for yourself. It is possible to get more time from the court but if no response is given then the opposition will get enough reasons to claim money right now.
The opposition imoij may get a default judgment if the response is not provided. The judgment can lead to court fees or claiming money from your bank account. so be the first person to give a response.
Ask the legal rights of the company:
The most often aspect of a debt collection lawsuit is they get sold to different entities multiple times. This kind of structure gives advantage and some time allowance to the defaulter. You can ask the opposition to show the proof of debt collection.
If you don’t give a response then no one will ask for the proof of debt collection. Your silence will be regarded as default in debt payment.
What documents you may ask?
- A debt collection agreement duly signed
- documentation from all other parties where the agreement has been sold and resold.
Sometimes a lawsuit is dismissed if the paperwork is not complete or even a part of it.
While proving the liability by the opposition, they need to provide various evidence or documentation for every penny they clean. There are various documents that you must check and recheck when they are provided by the debt collection party.
- You must check the balance in the account and it has adjusted through all past payments.
- You should check if the balance is overloaded with any fees or charges that were not in the first place of the original agreement.
- You should check the initial balance of the purchases and tally with your prepared accounts.
Emphasize on the burden of proof:
When a lawsuit is filed it is the responsibility of the opposition or the person who is suing to prove that the defaulter is liable to pay. He will have to prove the following things.
- Responsibility of the debt towards the defaulter
- Legal rights to sue
- The default in payment
Hire an Attorney:
The best possible option after taking the above steps is to hire an attorney. It will help you understand the pros and cons of going forward with the lawsuit. Various options can be identified with the help of an attorney, he can identify all those legal aspects which you may not be able to do alone.
The various benefits that you can get from hiring an attorney are:
- You will come to know whether there are any options available or not.
- You will be able to know whether the result of the case will be more favorable than bearing the legal cost.
- You will be able to take a clear and informed decision without any regrets.
While hiring an attorney for the lawsuit you must consider experience level and the suitability according to the lawsuit. You must note that you should find a top debt collection defense lawyer in Chula Vista. In case you wait until the hearing gets started then your attorney will be needed to file an emergency petition. The emergency petitions are more expensive so better take action now. I wish you all the luck that prevails!