When A Lawsuit Threatens To Take Away Your Property
As law abiding citizens, facing a lawsuit isn’t a usual occurrence in our life. In fact, most of us will never have to worry about hiring a lawyer, responding to a judgment case, appearing in court, or looking for evidence to prove innocence.
But what if you receive a notice saying that a case has been filed against you by a debt collector? Imagine dropping your favorite coffee cup after reading such out-of-the-blue yet shocking letter.
In a press release issued by the Federal Trade Commission dated March 2016, debt collection complaints is on the top spot in the complaint categories. Some 897,655 consumer complaints or 29% of the total number were about unpaid debt.
While this could be frightening news, the best way to handle it, after the adrenaline rush starts to wear down, is not to panic. There are positively doable ways to handle the matter. Get through this ordeal and learn how you can protect and defend yourself at the same time.
Respond | Verify | Prepare | Defend
Don’t complicate a simple debt collection case, but it doesn’t mean you have to be complacent about it. There is a step by step action course you can follow through to make sure the case doesn’t go out of hand.
For every question there is a corresponding response. The complaint case needs a proper response from you. From a post in creditinfoceter.com it says:
The most important thing you can do is to Answer the Complaint by the due date. Once you’ve identified the paperwork that constitutes the complaint, you must answer it. You merely reply by stating whether or not you agree with the statements in the complaint and why. You must do it quickly, you only have 20 to 30 days (depending on your court) to answer the complaint. If you do nothing, you automatically lose and the collection agency has a judgment against you.
Seek a lawyer’s legal advise if you are unsure how to respond or what to write in your response.
Verify The Complaint
Demand to see the original signed agreement and detailed balance sheet of all the payments and deductions made. The debt collector’s documentation may not be adequate since it is possible that the record have been passed down several times before being bought by the collections agency.
It is important that you can verify the amount being collected, compare it with your own records (if you have one), to any receipts in your possession and your own copy of the agreement. Anything you can use to question the validity of the debt is useful when the case progresses.
Prepare Your Next Action
Also from the same post in Credit Info Center, additional action plan has been provided.
Many courts will let you handle everything through the mail. There is no need to take time off of work to personally file your answer. Send everything certified mail, return receipt requested; one copy to the court, one copy to the lawyer representing the Plaintiff.
Another good idea is to include a self-addressed stamped envelope and one extra copy with your answer to the court. In some cases, if you made a mistake in your answer, they will let you know immediately. If nothing else, they will send you an endorsed-filed copy of the filing so you know it was entered. One of our readers received a hand written note from the clerk asking my reader to call so the clerk could help correct the filing.
In this last step, it is important that you still seek the professional advise of a lawyer. They are the most knowledgeable body to help you win the judgment case. There is no replacement of the legal steps they can guide you with. For an in-depth discussion of this matter, refer to this link.
On the other hand, still from the same post, additionally it says:
Most often you will be presented with exhibits (documentation which serves as evidence) in the case file, such as credit card agreements and affidavits of debt. Usually you can object to this evidence and get it thrown out of the case based on hearsay. If you are successful getting this evidence thrown out (struck from the records), the Plaintiff will have no evidence against you. If they have no evidence, they cannot win.
When Things Get Out Of Hand
What if finding the right lawyer and hiring one does not fit in your budget? What if you’re burnt out after dealing with several other debt complaints? What if you had wished for an escape plan from all of this and start fresh somewhere else?
Well, running away from a debt you owe isn’t really a solution. It could only worsen the situation. However, here at Sell Any House, we can offer applicable solutions that may clear off the muddy puddle you’re in.
We are a home buying company specializing in providing alternative options for homeowners struggling with low home values, bad tenants, no equity, or with an unwanted house that will not sell.
If you are willing to downsize to come up with the needed funds to settle the debts, let Sell Any House help you with your “sell my house fast in NYC” need.
We care. We listen. We provide help any time.
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