If you are or not the media about the U.S. economy in decline, one thing is sure, debt collectors are actively filing lawsuits to collect debts. A large collection firm based in Atlanta said the file from an average of 279 cases per day of collection. A cause is often the last effort in the attempt by creditors to collect a debt. If the library is often illegal and harassing calls were not enough, once a person is suedthe reality of the situation was realized. However, the defendant, all hope is lost. By the time the credit card company or other creditor file the case, may be too late to legally collect the debt, if properly protected. Often with the assistance of an attorney a lawsuit to collect a debt can be defended, negotiated, or won the right for the accused. Before you start to feel sorry for the credit card company, remember, are the samecompany that offers an interest rate of 6.9% and when you were a day late on a payment the interest rate rose to 24.9%.
Go to the defense of the claim:
First, "the process must answer." A collection law firm I know is set directly to "Mr. default" get caller ID. Mr. default is good for a collection attorney, but also tells a story. Once a lawsuit is filed, the name of the game for debtcollector is the default procedure. A default ruling is the result of a case if the defendant does not file a timely response. default judgments are important to collectors, since it means that it is not necessary to prove that you owe money, and what is due, mainly, and it is a secret agent of the credit card company or other creditor may be in court.
Once a decision is entered by default, all possible defenses to the maximum are lost and do not have ago to court to prove the debt. Next "file always respond" unless you want to visit from Mr. Default. However, be careful. In some jurisdictions, all affirmative defenses the defendant must be filed at the time of the original response is filed with the court or the defenses are lost forever. An affirmative defense basically tells the court, yes, I need the money, but still win the case legally so. . .. Feeling bad for the creditor, see 24.9%above.
What type or defenses are common in cases of debt you ask? The most common are the statute of limitations, the statute of frauds, waiver, estoppel improper plaintiff, defendant inappropriate valid debt transfer, violation of bankruptcy discharge, and violation of the Fair Practices Act Debt collection is not really a last defense, but it works well. Of course, most non-lawyers who have some difficultydetermine what defenses are available in a particular case.
If you are in high demand should consult a lawyer about your case collection.
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