Falling behind on bills can negatively impact all aspects of your life. From dealing with harassing letters sent to you at home to fielding overly aggressive phone calls at work, stress and anxiety have turn your life upside down. Now, you have received a formal notice from a debt collection agency that you must respond to a legal complaint inside a civil courtroom.
How you respond to the formal notice determines whether the third party debt collector is successful in its attempt to sue you.
Ignoring the formal notice from a bill collector that regards a pending lawsuit is one thing. Not responding to a summons issued by the county where you reside is quite another thing. If you do not show up in court for a lawsuit filed by a bill collector, the judge overseeing the case will most likely rule in the favor of the debt collection agency.
A prominent federal consumer protection law, as well as state statutes that protect consumers, give you a way to fight a lawsuit filed by a third party debt collector.
Know Your Rights
It is not just that you have to respond to a summons to appear in a civil courtroom to answer a lawsuit filed by a third party debt collector such as Paramount Recovery Systems. You have to respond to a lawsuit within a specified period of time.
If you receive a summons to appear in court to answer a compliant concerning an outstanding credit card or personal loan account, you have 20 days to notify the court that you plan to answer the lawsuit filed by the bill collector. All other forms of contact notifying you of a lawsuit require you to respond within 30 days of the day you learned a third party debt collector has sued you.
Defending against a lawsuit requires the expertise of a state licensed consumer protection lawyer that thoroughly understands every provision written into the Fair Debt Collection Practices Act (FDCPA). Passed in response to the pressure applied by constituents, the FDCPA prohibits bill collectors from threatening consumers in any way.
This means a debt collection agency cannot threaten to seize your property or threaten you with a lawsuit. However, a third party debt collector like Paramount Recovery Systems can file a lawsuit in a civil court, without first informing you of the company’s legal intentions.
Do You Qualify for Monetary Damages?
Sometimes, a bill collector crosses the legal line by violating one or more provisions of the FDCPA. If a company used deceptive and/or overly aggressive debt collection tactics against you, the FDCPA gives you the right to file a claim against the company that seeks monetary damages.
There are two types of awards associated with FDCPA cases: Statutory and actual. With a maximum payout of $1,000, statutory damages cover every FDCPA violation committed by the same debt collection agency.
Speak with a Licensed FDCPA Attorney
You cannot expect to win a claim against a third party debt collector, without having the legal experience of an FDCPA lawyer in your corner. An FDCPA attorney can collect the evidence required to convince a civil court judge to rule in your favor. Schedule a free initial consultation today with an accomplished consumer protection attorney who specializes in handling FDCPA cases.
*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 Paramount Recovery Systems or any other third-party collection agency, you may not be entitled to any compensation.