McCarthy, Burgess & Wolff is a collection agency that handles past-due debts that includes credit cards, medical bills, auto loans, utilities, and student loan debt. If they have obtained records from your creditor that indicates you have delinquent debt, they might file a lawsuit against you.
If they file a lawsuit, you should respond. An FDCPA lawyer can help you with this. If you don’t respond the court will award a judgment against you because they will assume McCarthy, Burgess & Wolff’s allegations are accurate.
You should ensure you read over the entire lawsuit carefully and that you respond by the date indicated in the documents.
How To Respond To A Lawsuit From McCarthy, Burgess & Wolff
If McCarthy, Burgess & Wolff has summoned you to court, don’t just assume they are right. If you dispute the debt that they claim you owe, ask for proof. If you believe the debt has been paid, take proof of payments to show the court.
If you do owe the debt, you can contact the collection agency and ask them to settle with you, which often results in you paying much less than the face amount on the debt.
Damages You Could Receive From McCarthy, Burgess & Wolff
If McCarthy, Burgess & Wolff has violated the FDCPA and they are harassing you, you can file a complaint against them to seek compensation for your losses and for their violating federal and state laws while collecting the debt.
Several different violations could result, and you can recoup compensation for different damages. Here are some damages that you might claim in a complaint against McCarthy, Burgess & Wolff:
- Statutory damages – When a debt collector has been convicted of violating the FDCPA, you could receive as much as $1,000.
- Physical distress – The harassment from a debt collector, such as Medicredit, could lead to physical distress. They may call you at all hours of the day, disrupting your ability to sleep or rest. You might incur hypertension, heart problems, migraines, anxiety, or depression.
- Emotional distress – Your mental and emotional state could be significantly altered by the stress caused by McCarthy, Burgess & Wolff.
- Lost wages – If you are mentally or physically ill enough to miss work because of the harassment caused by McCarthy, Burgess & Wolff, you can recoup compensation for those lost wages.
- Recovery of wage garnishment – If an FDCPA violation by McCarthy, Burgess & Wolff caused your wages to be garnished, you can have your wages returned by the court.
- Legal fees – When there is proof of an FDCPA violation, McCarthy, Burgess & Wolff could be ordered to pay attorney’s fees and court costs.
The court can also provide you with injunctive relief from McCarthy, Burgess & Wolff. The collection agency could be ordered to stop calling your home, family, and employer while trying to collect the debt in question. They would be told to no longer send you written communication regarding the debt.
Talk To An FDCPA Attorney Today
If you are being threatened with a lawsuit from McCarthy, Burgess & Wolff, schedule a consultation with an FDCPA lawyer in your state so you can properly determine the best way to handle your situation.
*Disclaimer: The content of this article is for information purposes only. It should not be used construed as legal advice. If you choose to file a claim against McCarthy, Burgess & Wolf or any other third-party collection agency, your claim may not be successful, and you may not be entitled to any compensation for your alleged injuries.