How to Get a Debt Lawsuit Dismissed: A Step-by-Step Guide
Debt lawsuits are scary to face. It could be a credit card, medical proceeds, or student advances; the thought of being dragged to court is too much. Looking at the same fact from another angle, you will have the correct information and equipment to dispute a debt lawsuit and also defeat it entirely. This guide will prove to show you how you can take control of your situation and protect yourself properly in court.
Understanding Debt Lawsuits
But before jumping into the ways to get a debt lawsuit dismissed, let's dig into what a debt lawsuit is? If a creditor or debt collector sues you to collect the money it is owed, that is called a debt lawsuit. The suit usually contains:
Summons and Complaint: These are documents letting you know the creditor is suing you for how much.
Court Date: The date on which you need to go to court to defend the lawsuit. If you miss these documents, the court can issue a default judgment for the creditor. So it is important to tread carefully.
How I Got a Debt Lawsuit Dismissed - Our 6-Step Process
Verify the Debt
Step 1: Confirm the Debt Is Accurate One of the first things to do when you are sued over a debt is to verify that you actually owe it. The law requires that debt collectors give you certain information about the debt, including what the debt is for. This includes:
- The amount of the debt
- The name of the creditor
- The debt is valid
If you think the debt is not yours or even that the balance is incorrect, you are entitled to verification. This is called debt validation. Mail the debt collector a written letter within 30 days from when you received the notice of the lawsuit. They have to validate our debt. If they do not, then you can successfully file a motion to dismiss the lawsuit.
Respond to the Lawsuit
Visible Tip: If you are sued debt, it does not disappear if you ignore it. Otherwise, it will simply render judgment against you by default. To do that, you have to do this: file a written response with the court. This is known as an "Answer."
In your Answer, you should:
- Admit or deny all of the claims in the complaint.
- Ensure you are able to defend yourself (i.e., the debt is not yours, it is the wrong amount, and the statute of limitations has passed)
- File your Answer in court and mail a copy to the creditor or their attorney.
So, what you want to do is fill out your Answer within the time frame that is in your summons, typically 20 to 30 days. If one fails to do so, a default judgment may be entered against you.
Assert Your Defenses
You have a lot of defenses you can use when you respond to a debt lawsuit. Possible Defenses to Being Sued Common defenses include:
- Debt Statute of Limitations: Every state has its own debt statute of limitations law that is usually between 3 to 6 years. A creditor cannot legally come after you for a debt if the statute of limitation has expired.
- Wrong amount: Challenge the debt if the creditor is pursuing an incorrect sum.
- Debt is sold to third-party debt collectors on occasion.
- Ownership of Debt: Sometimes, debts are sold to outside collectionCreature. If the collector is unable to prove that they own the debt, you may have it dismissed.
- Identity Theft: You can get the lawsuit thrown out if the debt is not yours because someone stole your identity.
Gather Evidence
You should gather any evidence that can support your defenses. This may include:
- Payment Records: proof that you made payments satisfying the debt.
- Communication Records: All discussions with the creditor or debt collector.
- Credit Reports: These can help you see if the debt is regarded and if there are any inaccuracies.
- Contracts Or Agreements: any paperwork having to do with that initial debt settlement.
Organized proof may help your case and enhance the presence of an answer.
Consider Counterclaims
Alternatively, you may have a valid counterclaim against the creditor or debt collector. For instance, if the debt collector breaches the Fair Debt Collection Practices Act (FDCPA), you can file a lawsuit against them seeking damages. Common violations include:
- Harassment or abuse
- Misrepresentation of the debt
- Trying to Collect The Wrong Debt
When you file a counterclaim, either the creditor will be encouraged to drop his lawsuit or initiate settlement talks.
Attend the Court Hearing
You must attend all court hearings that are held in relation to your debt lawsuit. You also may face a default judgment if you miss a court date. At trial, both support your defenses and submit your evidence. SPEAK TO THE JUDGE IN A PROPER, RESPECTFUL AND PROFESSIONAL WAY
If you cannot make a hearing, contact the court immediately to have the case continued.
Seek Legal Assistance
Though you can opt to represent yourself in court, I recommend seeking out a lawyer because it has the potential to greatly increase your chances of having the debt vacated. A debt lawyer can help you with the following:
- Know what your rights and options are
- This includes drafting and filing legal papers.
- Negotiate with creditors
- Represent you in court
Most lawyers offer free consultations, and some work on a contingency fee basis, meaning you pay only if you win your case.
Creditor Cure- Your Partner in Debt Relief
At Creditor Cure, we know how tiring it is to face debt lawsuits. Our proprietary software assists and guides you in handling debt collectors yourself so you can get a handle on your financial situation.
How Creditor Cure Works:
- Sign up: Register on your user-friendly platform. Create an Account
- Buy a Package: Select one of the plans suited for you.
- FAQs: Explain Your Problem via a Step-by-Step Questionnaire
- Document Generation: The software will generate a PDF of the documents for you to submit to the court.
Advantages of Creditor Cure
- Simple: Our platform is simple and easy to use for beginners.
- Pocket-friendly packages: We offer budget-matching deals!
- Custom: Receive customized responses depending on your situation.
- Extensive Results: Get the resources and tools needed to navigate the process.
ConclusionFighting a debt lawsuit is not easy, but when done properly, you can get it chucked out. You can fight it by simply verifying the debt, responding timely, asserting your defenses, and collecting evidence to substantiate your position. Just know that
Creditor Cure is always here to help you at all times. For more information on what we can offer you, please do yourself a favor and visit our website today to begin the process of an easier financial future.
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