You might have heard the saying, “You can run, but you cannot hide.” Well, that is an especially appropriate saying for a consumer who faces a lawsuit filed by a debt collection agency such as Hillcrest, Davidson, Associates, LLC. Third party debt collectors have the right to file claims against consumers, as long as they follow a clearly established set of guidelines mandated by federal consumer protection laws. One law in particular comes to mind when it comes to lawsuits and outstanding consumer debts like credit card and personal loan accounts.
The bottom line is that if you fail to respond to a lawsuit filed by Hillcrest, Davidson & Associates, the judge presiding over the cases has the legal power to issue a judgment that is favorable for the bill collector. After a judge issues a ruling that favors a debt collection agency, you have little, if any chance of reversing the judgment. You can expect additional legal actions to collect the money owed on a personal debt that include a wage garnishment order.
You have to aggressively fight a lawsuit by working with a consumer protection attorney.
How to Fight Back against a Lawsuit
Before September 20, 1977, consumers faced the lawsuits filed by debt collection agencies without any help from a professional from the legal community. Companies walked all over consumers by not only threatening to file lawsuits, but by also implementing other unethical debt collection tactics. In response to growing consumer discontent, the United States Congress passed the landmark Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collection agencies from threatening consumers with lawsuits.
However, the federal consumer protection law does not ban third party debt collectors from filing lawsuits against consumers to collect delinquent debts.
One of the most effective strategies to fight back against a lawsuit fields by a bill collector involves invoking your state’s statute of limitation for collecting delinquent credit card and personal loan balances. The FDCPA grants each state the legal power to establish a time limit for companies to collect personal debts. Most states have set a time frame of between two and four years for debt collection agencies to collect consumer debts.
The statute of limitations for debt collection efforts starts on the last date of communication between a consumer and the original creditor.
What Happens When a Lawsuit Violates the FDCPA?
If a third party debt collector violated the FDCPA by improperly filing a lawsuit, you have the rights under the groundbreaking federal consumer protection law to file a claim in a civil court seeking monetary damages. Statutory damages, which the FDCPA limits to $1,000, covers every violation of the FDCPA committed by the same bill collector. All a licensed FDCPA lawyer has to do for you to receive statutory damages is present compelling evidence that a company such as Hillcrest, Davidson & Associates, LLC broke the federal consumer protection law.
Never allow a debt collection agency to bully you by filing a lawsuit. Schedule a free initial consultation today with an experienced FDCPA attorney to determine how to fight back against an overly aggressive bill collector.
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 Hillcrest, Davidson & Associates, LLC or any other third-party collection agency, you may not be entitled to any compensation.