fbpx

The Best Tips on How to Win a Debt Collection Lawsuit

Did you know that the average American has around $38,000 in personal debt?

Most people struggle to get by as it is. When your lender comes knocking on your door demanding their money, a bad situation suddenly becomes far worse.

But there’s still hope!

Keep reading for our advice on how to win a debt collection lawsuit so you can fight back.

Address Your Debt or Legal Issues Immediately

Finding yourself in a debt collection agency’s crosshairs is more than a little intimidating. But ignoring the pressing legal threat isn’t going to do you any good — in fact, quite the opposite.

Choosing to refuse communication could result in missed court dates. Once that happens, the court may issue a warrant for your arrest. This is called an outstanding bench warrant.

Before you know it, you could become a wanted criminal just because of your debt!

As scary as the situation is, your best bet is to tackle it head-on. While it won’t be fun by any means, fighting this thing is the only chance you have at winning your suit.

Challenge the Suit

Ultimately, the burden of proof is on the company you borrowed from. They’re responsible for providing the court with several basic documents that show that you did, indeed, borrow the sum they attempted to collect.

Challenging is your first line of defense. If the lender can’t provide these documents, there’s a good chance your cause will be thrown out of court and you’ll walk away scot-free.

Gather the Right Evidence

While challenging the suit is an option, most professional lending companies won’t have any trouble providing the necessary documents. As such, you’ll need to prepare several pieces of evidence for your defense.

Begin by gathering all documents relating to your debt. Bank statements, contracts, and more are admissible in a court of law.

Another way to defend yourself is to prove that the lenders broke the law by ignoring the Fair Debt Collection Practices Act.

The FDCPA is a strict set of guidelines that outlines reasonable steps a lender can take to collect on their debt. However, its biggest intent is to protect you as a consumer.

The following is deemed illegal by the FDCPA:

  • Calling between 9 p.m. and 8 a.m.
  • Using threatening language
  • Multiple calls in a day
  • Failure to provide written notice
  • Contacting friends, family, or employers to attempt to collect the outstanding debt

If you can prove any of the above, you have a slam-dunk defense. As such, document all correspondence you have with your lender.

Hire a Lawyer

Even with these tips, navigating a debt collection suit is a major headache. To make sure you’re following the law and have the best possible chance of winning, you’ll want to enlist some professional help.

Contact a lawyer who specializes in knowing how to fight an unfair debt collection lawsuit.

At the very least, you should be able to get a free consultation to learn about your rights and options.

See You in Court: How to Win a Debt Collection Lawsuit

Finding our how to win a debt collection lawsuit isn’t easy, especially if you’re looking to tackle it on your own. Remember what you’ve learned today and keep in mind that your best bet is still to contact a lawyer.

For more tips to help you tackle debt management, make sure to check back with our blog!

Speak Your Mind

*