Having a debt collection agency sue you can case considerable stress. Your professional life can be disrupted, as well as the relationships you have developed at home. You can make the situation much worse by the way you handle a lawsuit filed by Account Services Collections, Inc.
The temptation to ignore a lawsuit filed by a third party debt collector can come back to haunt you. Ignoring a court action will lead to a judgment entered against you for the entire amount of the delinquent credit card or personal loan account.
In addition to paying off an entire consumer debt, the court will impose hefty fees on the final tab that include taking care of court costs. Add interest and attorney fees, and you will have to pay much more than what was stipulated on the lawsuit notice.
Respond with the Help of a Consumer Protection Lawyer
A third party debt collector that wins a judgment against you can garnish your wages, place a lien against your property and/or garnish some or all of the funds in your bank account. The prospect of having your financial resources drained should motivate you to do the right thing and respond to a debt collection agency lawsuit in a timely manner.
The summons you receive to appear in court will contain the words “summons” and “complaint,” which means Account Services Collections, Inc. has filed an official complaint against you in a civil court and the notice you read is considered the summons to appear in the civil court.
You should immediately reply by writing a letter or you can stop by the courthouse to confirm your appearance on the summons date. By working with a licensed consumer protection attorney, the letter you write in response to the summons will comply not only with state and federal laws, but it will also follow the proper legal format.
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Seeking Monetary Damages for FDCPA Violations
On September 20, 1977, the United States Congress enacted the ultimate consumer bill of rights called the Fair Debt Collection Practices Act (FDCPA). Under the FDCPA, dozens of previously acceptable debt collection tactics are considered illegal.
For example, a third party debt collector like Account Services Collections, Inc. is prohibited from harassing you over the phone by issuing threats or using abusive language. The FDCPA also includes a punitive provision that allows consumers to seek monetary damages for one or more violations of the FDCPA.
Violating one or more provisions of the FDCPA can lead to the awarding of a one-time statutory damage up to $1,000. If you can prove FDCPA violations are directly responsible for causing emotional distress, your FDCPA attorney might seek additional monetary damages that depend on the severity of your pain and suffering.
Emotional duress includes recurring nightmares and a deterioration in one or more personal relationships as the result of overly aggressive debt collection tactics. The FDCPA does not cap monetary damages for physical and emotional distress, although there have been legal precedents that have created a financial ceiling for some cases.
Do not ignore a lawsuit filed by Account Services Collections, Inc. Speak with a highly rated FDCPA lawyer today to decide which legal strategy to use for responding to a debt collection agency lawsuit.
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*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 Account Services Collections, Inc. or any other third-party collection agency, you may not be entitled to any compensation.