For months, a debt collection agency such as Linebarger, Goggan, Blair, & Sampson, LLP has sent you several letters threatening to take you to court for an unpaid consumer debt.
The same third party debt collector followed up the letters with harassing phone calls that came into your home at all hours of the day. Suddenly, the letters and phone calls stop, and you believe you are in the clear.
You are in the clear all right: in the clear legal sights of a civil court judge that has issued you a summons to address a lawsuit filed by Linebarger, Goggan, Blair, & Sampson, LLP.
Receiving a summons to appear in court to respond to a lawsuit file by a bill collector seems like the worst possible thing that can happen to you, outside of having the IRS come knocking on your front door.
However, how you respond to a summons to appear in court in response to a lawsuit filed by a debt collection agency goes a long way towards determining the outcome of the lawsuit.
Do the Right Things in Response to a Third Party Debt Collector Lawsuit
By far the worst thing you can do in response to a lawsuit filed by a bill collector is not to respond at all. You have a certain amount of time to either respond to the summons in writing or stop by the civil court where the hearing is supposed to take place to confirm your participation in the legal hearings.
If you fail to respond to a summons to appear in court in response to a lawsuit filed by Linebarger, Goggan, Blair, & Sampson, LLP, you can expect the judge to declare you in default of the lawsuit. Default means the judge can order you to pay the entire amount owed on a credit card or personal loan account, plus court costs and attorney fees.
Since the debt collection agency that filed the lawsuit threatened you, as well as harassed you by phone, you should respond to the summons by immediately contacting a licensed consumer protection lawyer who has compiled an impressive record litigating cases under the Fair Debt Collection Practices Act (FDCPA).
According to the FDCPA, the third party debt collector broke the law by issuing threats and harassing you by making phone calls to your home at odd hours of the day. Your FDCPA has the option to file a counter claim that seeks monetary damages for your pain and suffering.
Potential Monetary Damages in a FDCPA Case
The first order of legal business for your FDCPA attorney is to prove Linebarger, Goggan, Blair, & Sampson broke the law by violating one or more provisions of the FDCPA.
If your attorney can prove FDCPA violations, then the bill collector that was served with a counter claim might have to pay statutory damages that cannot exceed $1,000. Statutory damages are a one-time penalty for every violation of the FDCPA. You also can seek monetary damages to recover the money spent on paying your FDCPA lawyer.
Take control of your debt collection lawsuit by working with an experienced consumer protection lawyer to find out the most effective way to fight back against Linebarger, Goggan, Blair, & Sampson.
*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 Linebarger, Goggan, Blair, & Sampson or any other third-party collection agency, you may not be entitled to any compensation.