Valuable Secrets to Defending Debt Collection Lawsuits

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1 Valuable Secrets to Defending Debt Collection Lawsuits Creditors will aggressively pursue you. The Terry Law Firm will aggressively defend you. IF YOU HAVE BEEN SUED BY A DEBT COLLECTOR, YOU CAN WIN! David W. Terry Terry Law Firm, LLC

2 You Can Win Your Debt Collection Lawsuit Let me get right to the point.if you have been sued by a debt collector, you CAN win. Most people who are sued by debt collectors don t believe this. In fact, most people who have been sued by a debt collector will either ignore the lawsuit and allow a default judgment to be entered against them or they will go to the court, stand up in front of the judge, admit to the debt and allow a judgment to be entered against them. Either one of those ends up with that person being responsible for paying the debt. What I am not guaranteeing: I want to be very clear about this.i am not guaranteeing that everyone who gets sued by a debt collector will win their case. But it is much more possible to win a debt collection lawsuit than most people think, so take the time and talk with a lawyer about all of your options! What I am guaranteeing: Lawyers cannot guarantee any result in a lawsuit, but I can guarantee you this: if you don t show up to court and don t put up a defense when you get sued by a debt collector, you will lose. Guaranteed. The odds of winning a debt collection lawsuit (or at least improving your situation) are good enough that it is worth talking with a lawyer to see if yours is a case that can be won. I can t speak for all attorneys, but it won t cost you anything to talk with me about your case, so take the time and talk to an attorney. It may save you thousands of dollars.

3 First Things First: If You Have Been Sued By A Debt Collector Read This Page Carefully THE DON TS IF YOU HAVE BEEN SUED BY A DEBT COLLECTOR: 1. DON T panic. There are people who can help you solve the problem so there is no need to panic. When you panic, you make mistakes. 2. DON T ignore the lawsuit. Ignoring a lawsuit will not make it go away. If you don t do anything, you will effectively be admitting to everything in the Petition and may end up with a default judgment entered against you. After that you may very well end up getting your wages garnished. 3. DON T miss deadlines. Missed deadlines can be hard to overcome and create real problems in defending your case. While it may be tempting to procrastinate and hope the lawsuit goes away on its own, you are only harming yourself if you wait too long and begin missing deadlines. 4. DON T call the lawyer who filed the lawsuit to try and work it out. Remember, the lawyer who has sued you is not your friend and is not looking out for your best interest. In many cases, they have filed a lawsuit against you when they know they can t prove their case. YOU CANNOT TRUST THEM. 5. DON T call the debt collector to try and work it out. The same is true here. The only thing they want from you is to get your money. They will tell you that it is not in your best interests to hire an attorney to defend you, but that is a lie and they know it is a lie. They don t want you to hire an attorney because they don t want you to be looking out for your own interests! 6. DON T ever admit you owe the debt (you really and truly may not!). Debt collectors will often file lawsuits beyond the statute of limitations, when they can t prove the debt or even when they aren t sure they are suing the right person. If you admit to the debt without first having had an attorney review your case for you, then you have given them a victory they don t deserve. THE DO S IF YOU HAVE BEEN SUED BY A DEBT COLLECTOR: 1. DO call a lawyer immediately. A lawyer on your side may be able to get the case dismissed completely, get you a better deal or, in the right circumstances, have the debt collector pay you money. It is worth taking the time to talk with a lawyer. (See benefits of talking with an attorney on the next page). 2. DO go to the court house and contest the lawsuit and get additional time. If you have not had time to talk with a lawyer go to court and tell the court you want additional time to talk with a lawyer (Don t talk with the debt collector lawyer that is suing you...they will try to keep you from seeking your own legal counsel).

4 The Benefits Of Having A Lawyer If You Have Been Sued By A Debt Collector If you have a lawyer on your side during a debt collection lawsuit, you have someone who is looking out for your interests only. Remember, the company suing you has only one interest in you and that is separating you from as much of your money as they possibly can. And the corporate debt collector lawyer representing the company suing you has zero interest in what is best for you because they get paid a percentage of what they recover from you. That means the more they take out of your pocket, the more they put into their pocket. What Can Your Lawyer Do For You? Challenge the debt on legal and procedural grounds Identify weaknesses in the debt collector s legal case Prepare and file all paperwork necessary for your defense Serve as your voice and advocate in court Negotiate persuasively on your behalf Stand between you and the aggressive collection tactics of debt collection companies and their corporate debt collection lawyers Work on getting your case dismissed if possible or working out the best deal legally possible for you A lawyer working for you will use his knowledge to determine the best legal grounds for fighting the lawsuit against you. Believe it or not, many debt collectors will file lawsuits knowing that they don t have the evidence to prove your case. If you think the judge will throw out the case without a lawyer acting on your behalf, think again. First, the judge is too busy to look at each case that closely. Second, that is not the judge s job. That is the job for your lawyer. Look, you may not owe the money they are suing you for. Talk to a lawyer! What Legal Grounds Can A Lawyer Use For Me? Violations of the statute of limitations (yep, companies will sue you long after the law allows them to. If you ignore the lawsuit or agree to pay it, you are stuck.) Improperly serving you with the lawsuit Lack of legal standing to bring the lawsuit in the first place Challenge evidence that should be inadmissible or excluded Whether the debt collector has violated other state and federal laws that can be used against them in defending your case Counterclaims asserting violations against the debt collector

5 There Are Other Benefits Of Having A Lawyer On Your Side In A Debt Collection Lawsuit A Lawyer Working For You: Levels The Playing Field - Debt collection companies know that most people don t challenge these lawsuits or seek assistance from an attorney. As a result they take a lot of money from consumers that they wouldn t get if the consumer had obtain an attorney. A Lawyer Working For You: Can Play Offense Too - Some creditors violate state and federal laws in their zeal to collect debts. A debt defense lawyer can spot those issues and file counterclaims asserting violations of the FDCPA and other statutes. In some circumstances, debt collection companies may actually have to pay the person they sued. A Lawyer Working For You: Can Stand Between You And Harassment - Some debt collectors will harass people with constant phone calls and letters to them, their families, friends and jobs. Your lawyer can put a stop to that nonsense and potentially collect money for you because of the harassment. A Lawyer Working For You: Can Help You Understand The Process - Most people who are faced with a debt lawsuit are not familiar with the laws and can get frustrated and overwhelmed. Your lawyer can help you make sense out of the process and work with you to the best resolution possible.

6 What Will It Cost To Have A Lawyer Represent Me If I Am Sued By A Debt Collector? vs. What Will It Cost To NOT Have A Lawyer Represent Me If I Am Sued By A Debt Collector? To get specific pricing on your case depends upon the specific facts of your case. But here are a few things to consider when deciding whether to call and talk with a lawyer: What will the cost of a judgment be? (To answer this, be sure to include, original debt amount, increased amount of debt due to interest, court costs, attorneys fees). Without a lawyer working for your behalf you are much more likely to end up with your wages garnished, cars repossessed, tax refunds taken and bank accounts frozen. Without a lawyer you may miss legal defenses that could make the entire case against you go away. A lawyer working for you will know every fact and point of law in your favor. Without a lawyer on your side, you will lose the benefit of that experience and knowledge. And that may cost you.

7 You Are Not Alone 40% Of American Households Struggle With Debt Some Statistics of American Consumers: 24% owe more on credit cards than they have in an emergency fund. 63 % incurred a major and unexpected expense last year, such as medical bills, moving costs and housing repairs. More than 160 million have credit cards. The average credit card user has at least three credit cards. On average, each household with a credit card carries more than $15,000 in credit card debt. 1.4 million bankruptcy filings in % of homes went into foreclosure from 2009 through 2011 Mortgage delinquency rate in July % Total consumer debt in the United States is $11.4 trillion. Why So Many With Debt Problems? Unexpected medical bills, job loss, divorce, and other financial hardships are the leading reasons why so many people are faced with mounting debt. Even those who have been regularly paying on their car payments, house payments or credit card bills can find themselves facing increased interest rates just by being late on or missing a single payment. When interest rates go up, your money doesn t go as far and debt begins to pile up. You may cut out all the fat from your budget and work to reduce your debt only to find yourself sinking deeper and deeper into debt. It may seem that no matter what you do, you can t get yourself out of debt. If are facing a lawsuit over debt, don t be ashamed, don t ignore it and don t give in. You are not alone and you can do better for yourself by talking with a lawyer and fighting back.

8 About David W. Terry David is a nationally recognized attorney based in St. Louis, Missouri concentrating in consumer law and personal injury law. He is widely known for giving a voice to those who have been taken advantage of by the system. He had been an attorney since 1994 and in the early days of his career represented debt collectors and filed debt collection lawsuits. Since 2001, David has only represented the little guy in lawsuits between individuals and corporations. A major "pet peeve" of his is when people don't return phone calls, so be assured that if you leave a David a voice mail message, he will return the call as soon as possible. Legal Disclaimer Ordering this booklet does not create an attorney-client relationship between you and the Terry Law Firm, LLC. The information contained within this booklet is intended to help guide you through the confusing process of being a defendant in a debt collection lawsuit and to give you information about how to respond to such a lawsuit. Keep in mind that the laws can change and you should contact a qualified attorney if you are sued in a debt collection lawsuit. The choice of a lawyer is an important decision and should not be based solely upon advertisements. It is also important to remember when you are choosing an attorney that past results afford no guarantee of future results. Every case is different and must be judged on its own merits. Copyright 2017 by David W. Terry All rights reserved. No part of this report my be reproduced, stored in retrieval system, or transmitted by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the authors. Printed in the United States of America. Terry Law Firm 8200 Olive Blvd. St. Louis, Missouri (314)