If you’ve gotten a summons and complaint saying that you’re being sued by an Arizona debt collector, you shouldn’t waste any time looking into your options. There is not a one-size-fits-all solution with collections lawsuits. Here are some of the most popular ways to put this nightmare behind you as soon as possible. You can always choose to settle with the party that’s suing you. This involves paying them less than the amount they are asking for in the lawsuit. If you go through the litigation process, there are more unknowns and you’ll have less control. When you settle, you’ll know exactly how much money you’re paying ahead of time. Because of this, even if you think you have a good case against the party that’s suing you, often you can save time and stress by just settling.
You can negotiate with the creditor about how you will pay them which could be with a lump sum or with a payment plan. Typically, it will be in your best interest to go with a lump sum. Most of the time, if a debt collection lawsuit has been filed against you in the U.S., it’s by a junk debt buyer who has bought an old account of yours. Usually, their cases won’t be well put together at all. They most likely don’t have the evidence or the documentation they need to win. They want a default judgment so they can garnish your wages. And the numbers are in their favor. The vast majority of people in the United States don’t respond in a debt collection lawsuit, leading to a default judgment.
When you know these facts, fighting back against the debt collector may be the obvious choice. You can also resort to filing for bankruptcy. This is usually the best option if you have a larger amount of debt that could come to the surface even if you are being sued by an Arizona debt collector for a relatively small amount. If you are being sued for a large amount, opting for bankruptcy is usually in your best interest. Bankruptcy automatically halts the lawsuit against you. It also eliminates most of your debt including medical bills, personal loans, and credit card debt if you go the route of a Chapter 7 bankruptcy. However, if you’re being sued by a student loan lender, bankruptcy is likely not in your best interest since student loans aren’t dischargeable in bankruptcy. Help is Here! Talk to The Majors Law Group. The Majors Law Group can help you if you’re being sued by an Arizona debt collector. We’ve assisted many clients with navigating this stressful process in the way that’s best for their needs. We make it easy! Get started with a free consultation today!
However, that won’t change the fact of you owing the debt. The collection agency can sue you for nonpayment of debt. If the collection agency wins the judgment, the court can order your wage garnishment. If you owe the debt and it has not crossed the SOL period, I would suggest you communicate with the collection agency and seek more information on the debts. Based on that, try to chalk out a repayment plan to get rid of the debt as soon as possible. The bottom line is, receiving collection calls can be annoying, especially if the collection agency is not following the laws properly. That’s why you should be aware of your FDCPA rights that we discussed above. At the same time, hopefully, the above tips will help you to get rid of incessant collection calls and live with peace.
So, while receiving collection calls, make sure to note the collector’s name, name of the collection agency, office address, and phone number. Once you receive it, you can check with your original creditor about the legitimacy of the debt. If you don’t owe the debt or you have already paid it off, dispute it along with supporting documents within 30 days. If your claim is valid, the collection agency should stop attempting to collect the debt. Besides, make sure to verify whether or not the debt has crossed the statute of limitations (SOL) in your state. If the debt has crossed the SOL, you are not legally obligated to repay it. Eventually, the collectors can’t call you to make payments for time-barred (which has crossed the SOL) debts. Thirdly, you might receive collection calls for the debts that you don’t owe at all. This kind of incident can happen when you have opted for a new mobile number, and the collectors are trying to reach its previous owner. In that case, you will have to send a cease and desist letter to stop calling you since you are not the debtor. The primary step to deal with debt collectors is to know your rights under the FDCPA (Fair Debt Collection Practices Act).
Source:
- https://nocollectioncalls.com
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