Sometimes, doing nothing is the worst strategy of all.
This is especially true when a debt collection agency such as FH Cann & Associates, Inc. sues you. The third party debt collector will send a formal legal notice notifying you about the lawsuit, with important dates included to ensure you follow through by responding to the lawsuit personally or through a licensed consumer protection lawyer that specializes in litigating cases involving the Fair Debt Collection Practices Act (FDCPA).
If you do not respond to a lawsuit filed by a bill collector, you can expect the court to issue a judgment against you. The cost of not responding to a debt collection agency lawsuit goes well beyond the amount of money owed on an outstanding credit card or personal loan account. You can also expect to pay court costs, as well as any interest that has accrued on the delinquent debt.
How to Respond to a Lawsuit Filed by FH Cann & Associates, Inc.
When a third party debt collector sues you, there are several legal options to fight back against a lawsuit. If you have paid off your consumer debt in a timely manner, your FDCPA attorney should present proof of your payments in the form of cancelled checks and/or online monthly bank statements. Some bill collectors resort to underhanded tactics when it comes to collecting delinquent credit card and personal loan accounts.
Another way to fight back against FH Cann & Associates, Inc. is to invoke one or more provisions of the landmark FDCPA. This is another powerful reason to hire a FDCPA lawyer, as he or she will thoroughly review your case to determine whether the bill collector broke the law. Some debt collection agencies use overly aggressive debt collection tactics to coerce consumers into paying off debts.
You might receive threats to take away your property or threats to contact the IRS in regards to your outstanding credit card or personal loan balance. If FH Cann & Associates, Inc. violated one or more provisions of the FDCPA, your lawyer will decide if it should be you that files a claim, not the third party debt collector.
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Are You Entitled to Damages?
The FDCPA not only outlaws overly aggressive debt collection practices, it also allows consumer to file claims that seek monetary damages. As the most basic form of monetary award, statutory damages are one-time financial compensation that covers every violation of the FDCPA committed by a third party debt collector.
The FDCPA caps monetary damages at $1,000. You might be eligible to receive monetary damages for the pain and suffering caused by physical and/or emotional distress. Your FDCPA attorney will have to present compelling evidence of your duress for you to win monetary damages. The FDCPA does not restrict how much monetary damages a court can award a plaintiff.
Consult with an Experienced FDCPA Lawyer
If FH Cann & Associates, Inc. sues you, you can bet the bill collector will come to court with a high-powered team of attorneys. You need to level the legal playing field by having a highly rated FDCPA lawyer represent you in court, whether you respond to a claim file by a debt collection agency or you file a lawsuit against a third party debt 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 FH Cann & Associates, Inc. or any other third-party collection agency, you may not be entitled to any compensation.