One of the most common complaints being sued by debt collectors have is that the debt collection company law has led them to stay away from the court on your case is called (from the date of appointment .) The way this arises is that the defendant (the defendant) received the summons and the petition only relatively few days before the date specified in the summons to answer the complaint. The person being sued is panicdates is very inconvenient to establish the process is still used during the week, usually at 9 or 9:30 am, so there are no objections to the work. Or panic, because they have no resources to fight the lawsuit, regardless of what day is fixed for the court.
Tip to stay away from the court
Here, the defendant requested the law firm of debt recovery and ask to speak with the lawyer told them. The lawyer did not speak with them (usually), so that the defendantis forced to talk to a few uses, actually a specialized collector. The law firm conducts a "good cop, bad cop" routine, in which the person speaking to a defendant agrees to return to the message and agreed with what the lawyer. Or even refuse to accept to move the trial date.
They say, however, according to reach an "agreement" that makes going to court "useless." Then either create an agreement and submit it to the defendant, orno. But if the defendant believes that going to court is unnecessary and wrong, then the debt collector "default requests (requests the Court to give them a trial by default) and continue the collection process.
I heard this story repeated many times to doubt it happens often. If you passed, is likely to be undone. And if the collector is trying to run this scam on you at this time can give you the opportunity shouldpay off the debt forever.
If you have already successfully
If the debt collector already has deceived in this way and obtained a decision by default, you should know that the law is not "favorable" default judgments. This means that the support that allows them to be if you make a decent argument against it. Is there a trick to set aside the default that is a bit 'too detailed for the purposes of this article, but if you move fast and do the right thingsalmost certainly going to happen.
If you argue that the debt collector leads to rape, or attempted to deceive the user defaults, it follows that has engaged in unfair practices of debt collection. "Unfair collection practices violate the Fair Debt Debt Collection Practices Act and could form the basis of a counterclaim.
If you're trying to defraud you and
Ifare trying to convince, now is not necessary to go to court, and if you are in a state where it is legal to record phone calls without telling the other party (the majority of states allow this) (Google "[your state] and the interception "to find out what your state law is), then record their efforts, then go to court. When the judge calls your name, feel free enough to see if the debt collector calls by default. If they do, may make a counterclaim interestingforce the collector to withdraw the claim against him. But do not forget to say "here", so that the court not by default.
Whatever you do
Whatever you do, however, do not let the debt collector to pull away with this trick. Can not trust them when they suggest that there is no need to go to court if they have a signed contract. They are all liars, of course. Some are reliable. But how could I know what it is? As a general rule, should bedo so in writing to the trust.
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