You can run, but you cannot hide. No, we are not talking about dealing with a criminal charge. We are talking about knowing how to respond to a lawsuit filed by a debt collection agency such as Commonwealth Financial System.
If you fail to respond to a lawsuit filed by a third party debt collector, the judge presiding over the civil case can issue a judgment in the bill collector’s favor. Once a judgment is issued by the judge, it is virtually impossible for you to change the ruling that says you must pay off the entire amount of a credit card or personal loan balance.
The bottom line: You have a much better chance of winning a lawsuit if you actively fight it by hiring a licensed consumer protection lawyer who specializes in litigating cases covered by a groundbreaking consumer protection law.
How the Fair Debt Collection Practices Act Can Help You
Before September 20, 1977, consumers were literally at the mercy of unethical bill collectors that implemented overly aggressive debt collection practices. In response to consumer discontent, the United State Congress wrote into law the Fair Debt Collection Practices Act (FDCPA).
The FDCPA includes numerous provisions that clearly make certain debt collection tactics illegal, including making repeated phone calls, as well as placing phone calls after 9 pm and before 8 am.
If you have received a summons to appear in front of a civil court judge, you have to accept responsibility for the delinquent credit card or personal loan balance by working with an experienced FDCPA attorney.
You lawyer has several legal tools to use that deal with lawsuits filed by a debt collection agency. One of the most effective legal tools involves invoking your state’s statute of limitations on the collection of outstanding consumer debts.
Every state has declared a time frame for the debt collection statute of limitations, with the average amount of time allowed for the pursuit of delinquent consumer debts ranging from three years to five years.
Even if Commonwealth Financial System filed a lawsuit against you, the clock might have already run out on the third party debt collector.
Are You Eligible for Monetary Damages?
Another way to stop a lawsuit file by a bill collector is to prove the debt collection agency violated one or more provisions of the FDCPA. Your FDCPA attorney will work hard to uncover evidence linking the tactics used by Commonwealth Financial System to any physical and emotional issues that were caused by illegal debt collection actions.
You might also qualify for recovering the lost wages caused by prohibited debt collection tactics, such as using deception to trick you into taking care of a delinquent consumer debt. Your FDCPA lawyer will subpoena all of your work time logs to verify the timing of missed work coincided with the timing of illegal debt collection practices.
Make sure you respond to a debt collection agency lawsuit in a timely manner. Speak with a FDCPA attorney to schedule a free initial consultation to determine the best course of legal action to take.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Commonwealth Financial System or any other third-party collection agency, you may not be entitled to any compensation.