7 Ways to Defend a Debt Collection Lawsuit:
Jobs come with various offerings which might include wrong termination, demotion, or any other wrongful employment action. Such could be non-payment of the owed money, and that is where the employment attorney comes in for the case. It is essential to get an employment attorney from a reputable law firm to have a smooth transition in the case.
In this article, we will discuss and cover the 7 Ways To Defend A Debt Collection Lawsuit By Consumers.
How To Defend A Debt Collection Lawsuit By Creditors
On the other hand, the company or the employer might want to defend their case especially when the employee has filed a debt collection lawsuit due to the proceedings from employment termination or any other action that leaves the employer in s stranded place.
Listed below are tactics one can use to defend the lawsuit.
Ways To Defend A Debt Lawsuit: Filing A Response
Once the matter has been placed before the court by the plaintiff, it is vital to respond to the summons and complaint notice through legal means. Failure to respond to the claims renders more avenues for collection, especially from the debt collection agencies. Also, the employment attorney fees, interests to the money owed, and the court fees might be rolled offer to the defendant. Responding within the stipulated time is also crucial.
Debt Collection Lawsuit By Consumer: Proof of the debt
It is essential to ask evidence of indebtedness from the plaintiff. The debt collector and the employment attorney must provide evidence against the laid allegations. It might be a good case for the defendant if the plaintiff does not have the necessary proof; thus, a settlement might be easy to get.
Statute of limitations compliance
It is essential to understand that there is a set time when the plaintiff can lodge complaints about debt issues. If the lawsuit is not initiated within the statute of limitations, then the defendant can have an easy way out with claims that the plaintiff did not file at the required time.
7 Ways To Defend A Debt Collection Lawsuit: Filing A Countersuit
The defendant can as well fight the lawsuit using a counterclaim. These claims often arise due to overstepping and violation of the laid outlaws, mostly the Fair debt collection practices Acts. If the plaintiff and the employment attorney do not act according to the provisions, the defendant can get compensation such as attorney fees among others.
Bankruptcy petition
Laying off employees might be as a result of a financial crisis in a company. If by any chance it is the only option out of a debt collection lawsuit, then the defendant should file a bankruptcy petition it by all means. Through this, negotiation and settlement can be established to eliminate the money owed.
Contesting improper services
There are laid out channels that the plaintiff must follow. There are specific terms that must be met when notifying and serving the lawsuits. If the defendant feels that proper channels were not supported, they can have their defense based on that.
An Attorney’s services
Getting an attorney in a debt collection lawsuit is crucial as they help you understand all the available options based on the claims. Besides, most of the attorneys in this sector offer a free consultation, which enables the defendant to know how they will pursue the case.
Conclusion
Once the plaintiff and the employment attorney and the debt collector come for you, you must be able to utilize the ways mentioned above to defend the law collection lawsuit.
