Dealing with a debt collection agency can trigger considerable stress and anxiety. Imagine how you will feel when a court appointed official serves you with a complaint that summons you to appear in court.
It is a feeling that can freeze your thoughts for days at a time.
Unfortunately, you cannot afford to go into a thinking freeze when a third party debt collector files a lawsuit against you. You must act with a sense of urgency by responding to the lawsuit either in person or communicating by phone or by snail mail.
Failing to respond to a lawsuit filed by a third party debt collector can force the judge presiding over the complaint to find you in default of the alleged outstanding credit card or personal loan account. The result of a lawsuit default is the issuing of a judgment that forces you to pay off the consumer debt, as well as take care of costly interest charges.
How to Respond to a Lawsuit filed by National Commercial Services, Inc.
Far too many consumers feel overwhelmed when they are served with a complaint informing them about a summons to appear in court. The problem is a mindset called “me against them,” which is a mindset that leads to legal defeat. If you have been served with a summons to appear in court, the first thing to do is to call a licensed consumer protection lawyer who handles cases that fall under the Fair Debt Collection Practices Act (FDCPA). Enacted by the United States Congress in 1977, the FDCPA bans dozens of previously acceptable debt collection techniques.
Your FDCPA attorney will explore every legally sanctioned option when it comes to deciding how to respond to a lawsuit filed by National Commercial Services, Inc. One option, especially if you can prove the debt is no longer valid, involves sending the debt collection agency a formal cease and desist notice.
It is important for your lawyer to draft the cease and desist notice to avoid the use of emotionally charged language. In addition, your FDCPA attorney will send the cease and desist letter through certified mail to ensure the bill collector receives the formal notice.
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Are You Entitled to Monetary Damages?
One of the most important provisions of the FDCPA grants consumers the right to seek monetary damages for the pain and suffering caused by a debt collection agency. If National Commercial Services, Inc. has violated one of more provisions of the FDCPA and the violations have triggered emotional duress symptoms, you might be entitled to receive just compensation to cover lost wages and medical bills.
The key is to present compelling evidence of your emotional distress symptoms, which means handing over medical documents to the court. You also want to use the expert testimony of the healthcare professionals that diagnosed and treated your symptoms.
Contact an FDCPA Lawyer Today
At most, you have 30 days to respond to a complaint filed by a third party debt collector like National Commercial Services, Inc. This means you should act quickly by reaching out to an experienced consumer protection lawyer that has won several FDCPA cases.
Additional Resources
*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 National Commercial Services, Inc. or any other third-party collection agency, you may not be entitled to any compensation.