What you should do if you’re worried about bills or debt collectors – real help for real people
In this article we’re briefly going to jump right in – actually all the way in – to the topic of debt collection. That’s because I want you to know, in a solid, specific way, why you have such a good chance to win if you get sued by a debt collector. You’ll see that by the time we finish this video.
There’s much more to learn, of course, and we’re even going to go back and fill in a few of the gaps from today’s discussion, but for now I want to show you that defending yourself from debt collectors isn’t – and doesn’t need to be – magical in any way. There are no secret methods here, no weird or bizarre tricks like writing things at angles or declaring that your mother sold you into slavery when she signed your birth certificate. There’s just knowing who the debt collectors are and how they operate, and knowing what to do about that in court.
Anybody can do it. Really. And if you do it, you will probably win your case.
Now before I get started, I want to tell you a little bit about lawyer-speak. I do that sometimes, and I want you to know how to take it. For example, I said above that if you understand what I’m about to tell you and do it right, you will “probably” win your case. Against almost all debt collectors and except in rare situations, I mean that you absolutely should win your case. But… nothing in legal life is guaranteed. It’s drilled into us in law school and later in practice that unexpected things happen, and people do wrong – they don’t know something, pay attention, or care sometimes when they should. That stuff happens, we all know it does, and it’s why I say things like “probably” when other people might sound more certain. I have a habit of speaking more precisely. Marketing and advertising is usually the opposite of that. So don’t worry – I wouldn’t tell you stuff if I didn’t think the chances were overwhelming that it would do you good. See that? I did it again! And I’ll probably do it all through these videos and articles. Don’t worry about that.
Okay, so you didn’t know it, but we were talking about what’s called the “Rule against Hearsay.”
That’s what’s called a “rule of evidence.” Rules of evidence control what a court is allowed to consider in rendering its decision. In debt collection cases, this is absolutely critical. I estimate that fully 95% or more of every debt collection case that actually goes to trial or is resolved on motion for summary judgment, will be determined by the way the rules of evidence are applied.
We’ll go into this in more detail later. For now, I want you to understand that courts are allowed to consider only evidence given under oath in court – unless there’s a specific rule that would allow something else to be considered. Think about it – among other things, that means that business records are not allowed – because they’re not evidence given under oath in court – unless there’s a specific rule that would allow them in.
The rule that debt collectors use is the “business records exception” (to the rule against hearsay). That rule is slightly different in different places, but it always requires someone who is familiar with the way records are kept to testify to certain specific things. And DEBT COLLECTORS ALMOST NEVER CAN TESTIFY TO THE WAY RECORDS WERE KEPT BY THE ORIGINAL CREDITORS. That means that if you object and know what to say, the debt collectors can virtually never get their most important evidence in front of the court. They must lose their case then, and you must win.
We’ll talk more about the specifics later, but bear in mind that debt collectors buy vast quantities of debt at a time, and they so rarely need effective affidavits from the original creditors that they really essentially never get them. They probably won’t have them in your case, and won’t be able to get them, either. If you know how to object and (1) invoke the rule against hearsay and (2) point out their inability to follow the business records exception, you should be able to win your case.
Sometimes judges aren’t ready to listen to you, and we’ll talk about that in a later video, too. But for now: learn how to use the rule against hearsay, and you should win your case. No magic. Just the rules of evidences as they SHOULD be applied.
FAQs
You should respond in one of three ways:
- Admit. Admit the paragraph if you agree with everything in the paragraph.
- Deny. Deny the paragraph if you want to make the debt collector prove that it is true.
- Defendant denies the allegation for lack of knowledge sufficient to know the truth or falsity thereof.
Summary: Yes, you can settle after being served. The best way to settle a debt lawsuit is first to file an Answer, then to contact the other side and make an offer. You can use SoloSuit to respond to a debt lawsuit in just 15 minutes and send a settlement offer with SoloSettle.
Do debt collectors usually win in court? ›
Trial. Most debt collection cases don't get to trial; they settle, or the collector gets a default or summary judgment. Most collectors win their cases by default without going to court.
How to negotiate debt settlement on your own? ›
Steps to negotiate your debt
- Determine that debt settlement is right for you. Firstly, verify the debt is actually correct. ...
- Plan and practice your negotiations. Before you attempt a debt settlement, you need to know what you're asking for. ...
- Persistently contact your creditors. ...
- Get your deal in writing.
Summary: An affirmative defense is a legal defense that a defendant uses to prove they are not liable. In a debt collection lawsuit, an affirmative defense is any legal reason that the defendant should not be held responsible for the debt. You must list your affirmative defenses when you respond to a debt lawsuit.
Should I answer a debt collection lawsuit? ›
If you're sued for an unpaid debt, you should respond to the lawsuit, either personally or through a lawyer by the date specified in the court papers. If you have been sued or “served” by a creditor or debt collector for an overdue debt, read the lawsuit carefully and respond by the required deadlines.
What is a good settlement offer for debt? ›
“Offering 25%-50% of the total debt as a lump sum payment may be acceptable. The actual percentage may vary depending on the circ*mstances of the borrower as well as the prevailing practices of that particular collection agency.” One benefit of negotiating settlement terms is likely to reduce stress.
What is the 11 word phrase to stop debt collectors? ›
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
What happens when one main sues you? ›
If you've been served with a lawsuit from OneMain Financial, it is extremely important you do not default or ignore the summons. The collector can have wages garnished, bank accounts levied, and liens filed against your car or home.
What's the worst a debt collector can do? ›
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
You can outsmart debt collectors by following these tips:
- Keep a record of all communication with debt collectors.
- Send a Debt Validation Letter and force them to verify your debt.
- Write a cease and desist letter.
- Explain the debt is not legitimate.
- Review your credit reports.
- Explain that you cannot afford to pay.
Lawsuits aren't very common, but they do happen regularly. According to a Consumer Financial Protection Bureau (CFPB) report, credit card companies sue for non-payment in about one of every seven cases or nearly 15% of the time. The average litigated account balances ranged from $2,700 to $12,300.
What is the lowest amount to settle debt? ›
Some creditors will accept pennies on the dollar, others will not settle for less than 80% in a lump sum payment," says Jessika Arce Graham, partner at Weiss Serota Helfman Cole + Bierman. However, your odds of a lower settlement are better when the debt collector is a debt buyer, says Christopher E.
What if a debt collector won't negotiate? ›
Keep trying to persuade your creditors by writing to them again. It is very important that you don't give up if your creditors refuse your offer. Make the payments that you have offered and ask the creditors to reconsider.
What happens if you never pay collections? ›
If you never pay a debt in collections, the immediate consequence is a significant negative impact on your credit score. This derogatory mark can stay on your credit report for seven years, affecting your ability to secure loans, credit cards, and favorable interest rates.
Can you negotiate debt after judgement? ›
You may be able to negotiate a settlement with the debt collector to allow you to pay off the judgment under better terms. In Limited Civil cases (cases for $35,000 or less), if the other side will not agree to a payment plan, you can ask the judge to order a payment plan. This requires filing a motion.
How to negotiate with a debt collector after a judgement? ›
If you're thinking about negotiating a settlement or repayment agreement with a debt collector, consider the following three steps:
- Confirm that you owe the debt. ...
- Calculate a realistic repayment plan. ...
- 3. Make a repayment proposal to the debt collector.
Cons of Debt Settlement
You must be patient. The process of funding an escrow account large enough to enable the debt settlement company to make an attention-getting offer to your creditors typically takes 36-48 months.
Can debt consolidation stop a lawsuit? ›
If a debt collector is seeking legal action, we can still contact them on your behalf and see if they're willing to take payments. There's nothing we can do to stop the legal action. They just want someone to contact them and tell them how much money the client can afford and set up payments.
