While I am a highly-sought after bankruptcy attorney in Mesa, my intent of this post is to provide general information and not legal advice to you, the reader. I do not know the exact details of your situation, nor form an attorney/client relationship between us just by reading this post. I can, however, offer general guidance on what you might consider doing if you’re being sued by a collection agency in Arizona.
If you find yourself in a legal situation related to debt collection or credit card debt, it’s important to consult with a debt attorney in Mesa, like myself, who can provide advice tailored to your specific situation.
In general, here are some steps you should consider:
1) Review the Lawsuit
Carefully read the documents you received to understand the nature of the lawsuit, the claims being made against you, and the deadline for responding. Make note of any discrepancies or potential errors.
2) Respond Within the Specified Timeframe
Typically, you will have a certain number of days to respond to a debt collection lawsuit. Failing to respond could result in a default judgment against you. It’s important to meet the deadline, even if you need to request an extension. Some of the most aggressive junk debt buyers in Arizona are Midland Funding, LLC, Cavalry SPVI, CACH, LLC & Portfolio Recovery Associates, LLC. These companies tend to buy charged off debts and initiate collection law suits against people right away.
3) Seek Legal Advice
Consider consulting with an attorney who specializes in debt collection or consumer protection law. They can provide you with legal advice based on the specifics of your case and guide you through the process. When speaking with a debt attorney in Mesa, Arizona they’ll ask you a series of questions and one of these will be how old is the debt and what type of debt the collector is suing you for.
4) Validate the Debt
Request the collection agency to validate the debt they claim you owe. Legally, you have the right to receive documentation verifying the validity of the debt. This may include the original creditor’s information, a payment history, and proof that the collection agency has the legal right to pursue the debt. For example, if you are being sued by a collection agency for credit card debt, how old is it? In Arizona, the statute of limitations on credit card debt is six years. This means that creditors or collection agencies have up to six years from the date of your last payment or activity on the account to file a lawsuit against you to collect the debt. If the statute of limitations has expired, you can raise it as a defense in court, stating that the debt is time-barred.
5) Gather Evidence
Collect any relevant documentation that supports your position, such as receipts, contracts, or correspondence related to the debt. This evidence may be helpful in presenting your case.
6) Consider Negotiating a Settlement
If you believe the debt is valid and you’re unable to pay the full amount, you may consider negotiating a settlement with the collection agency in Arizona. This could involve reaching a mutually acceptable agreement to resolve the debt for a reduced amount or through a payment plan. It’s advisable to have any settlement agreement in writing.
7) Attend Court Proceedings
If the lawsuit progresses to court, make sure to appear at all scheduled hearings. Failure to appear may result in a judgment being entered against you by default.
Overall, When Sued by Collection Agency –
Remember, this is general information and it’s crucial to consult with a Mesa bankruptcy attorney, like DM Bankruptcy Law Group, if you are being sued by a collection agency in Arizona. We offer personalized advice based on your circumstances and guide you through the right approach during the legal process. Not only will we protect your rights, but we’ll put on the path to being debt free. Contact us for a complimentary case consultation.
DISCLAIMER: None of the content in this post shall be construed as legal advice to you, the reader, and no attorney/client relationship is formed by reading this post.