Education Help I've Been Sued by a Collection Agency!
Saturday, 28 November 2015 06:06

Help I've Been Sued by a Collection Agency!

Written by 
Rate this item
(0 votes)

I just received notice of a lawsuit that was filed against me by a collection agency. What do I do now? I get that type of phone call at my office about once a week. Fortunately, the caller has made the obvious correct choice in contacting an attorney right away. This is an important aspect when a collection agency is involved because a collection agency lawsuit is a different type of lawsuit. The collection agency has either been hired by the original creditor or has purchased the right to collect the debt off of you from the original creditor. That makes a little more work for the collection agency and may provide you with a defense. A review of the lawsuit is the first order of business. As an attorney, I ask three questions right away that form the basis of the defense of the lawsuit. 1. Is the Debt is legitimate? 2. Does the collection agency have the legal right to attempt to collect it from you? 3. Does the lawsuit meet all necessary legal requirements to proceed? Looking at these questions individually, let’s start with “Is the Debt legitimate?” The client has to advise as to whether they ever had this type of loan or credit card. If a collection agency is involved, the Debt may have been incurred years ago, and may be difficult for the client to remember. Time is an important factor here, because all states have Statutes of Limitation that define when a lawsuit must be filed. In Pennsylvania, the Statute of Limitation to collect on a debt is typically four (4) years, with certain exceptions. The second question is whether the collection agency has the legal right to attempt to collect from you. What I look for here is any evidence that the collection agency has authority to proceed. This might be indicated by a purchase agreement or an assignment from the original creditor. In my experience, I often find that the collection agencies fail to attach this document to their lawsuit. In that instance, I would place an objection to the suit to make the collection agency prove that the have the legal right to proceed. If they cannot, I move to have the lawsuit dismissed. The third question is whether the lawsuit meets all of the necessary legal requirements to proceed. Again, in my experience, I have found that collection agencies often fail to properly articulate the claims against the debtor, either by means of failing to provide enough information or failing to provide the proper documentation. If you are sued in Pennsylvania by a collection agency and can answer NO to any of the three questions posed above, you likely have a valid defense to the lawsuit. Contacting an experienced attorney is the right first step.

Read 2192 times
Super User

Lorem ipsum dolor sit amet consectetuer Vestibulum pede velit tempor Pellentesque. Iaculis hendrerit hendrerit Maecenas Quisque leo vestibulum quis purus id gravida.

Website: www.joomlart.com

14 comments

  • Comment Link ASP Assignment Help Friday, 14 July 2017 12:50 posted by ASP Assignment Help

    A debt of gratitude is in order for partaking in subtle element. Your website is a motivation!

  • Comment Link DB Assignment help Friday, 14 July 2017 12:49 posted by DB Assignment help

    Hi buddy, your blog' s design is simple and clean and i like it. Your blog posts about Online Dissertation Help are superb. Please keep them coming. Greets!!

  • Comment Link Help With Python Assignment Friday, 30 June 2017 07:59 posted by Help With Python Assignment

    Hi buddy, your blog' s design is simple and clean and i like it. Your blog posts about Online Dissertation Help are superb. Please keep them coming. Greets!!

  • Comment Link Programming Assignment Help Friday, 30 June 2017 07:44 posted by Programming Assignment Help

    I’m really impressed with your article, such great & usefull knowledge you mentioned here

  • Comment Link MathCad Project Help Wednesday, 21 June 2017 08:42 posted by MathCad Project Help

    Such a nice post, keep providing good resources.

  • Comment Link Marketing Assignment Help Wednesday, 21 June 2017 08:14 posted by Marketing Assignment Help

    I personally like your post, you have shared good article. It will help me in great deal.

  • Comment Link Harvard Business Case Study Solution Tuesday, 20 June 2017 09:30 posted by Harvard Business Case Study Solution

    Thanks a lot for the post. It has helped me get some nice ideas. I hope I will see some really good result soon.

  • Comment Link Accounting Case Studies Analysis Tuesday, 20 June 2017 05:35 posted by Accounting Case Studies Analysis

    Thanks a lot for the post. It has helped me get some nice ideas. I hope I will see some really good result soon.

  • Comment Link Accounting Case Studies Analysis Tuesday, 20 June 2017 05:34 posted by Accounting Case Studies Analysis

    Thanks a lot for the post. It has helped me get some nice ideas. I hope I will see some really good result soon.

  • Comment Link Josh Thursday, 08 June 2017 11:43 posted by Josh

    I'm continually attempting to manage humanism inside complex recorded approach. Being a granted books manager and top author at College of St Joseph, I'm utilized to such discourses as "Twofold sociological techniques" or "Story way to deal with human science".

Leave a comment

Make sure you enter the (*) required information where indicated. HTML code is not allowed.

Education Help I've Been Sued by a Collection Agency!

Connect with us

Our brand's address

1

Brands at Buckingham, New York , America

Tel: (26 4) 2212820, Mail: info@joomlart.com
2

Brands at Buckingham, New York , America

Tel: (26 4) 2212820, Mail: info@joomlart.com
3

Brands at Buckingham, New York , America

Tel: (33 4) 2212820, Mail: info@joomlart.com