A couple of polite letters from a debt collection agency found their way into the work study trashcan. Several increasingly hostile phone messages did not have any effect on you. After a lull in communication, you think the third party debt collector has given up and moved on to another consumer.
You thought wrong.
Most third party debt collectors never stop in an attempt to collect a delinquent credit card or personal loan balance. In fact, companies that work for original creditors for the collection of consumer debts take the process to the finish line, which is a lawsuit filed in a civil court seeking full payment for a personal debt.
A bill collector such as Rushmore Service Center, LLC must properly serve you with a lawsuit in accordance with the guidelines set up by a federal consumer protection law. If you ignore a summons to appear in court to respond, the judge presiding over the lawsuit will probably rule in favor of the bill collector.
The moment you receive a summons to appear in court to answer a lawsuit filed by a debt collection agency is the moment you should get in touch with a state licensed consumer protection lawyer.
Responding to a Lawsuit Filed by Rushmore Service Center, LLC
Lawsuit outcomes of any kind are typically a 50-50 proposition. The only thing certain about a debt collection lawsuit is you are protected by a landmark federal consumer protection law enacted in 1977. Referred to as the consumer Bill of Rights, the Fair Debt Collection Practices Act (FDCPA) outlaws dozens of previously legal debt collection practices.
From impersonating a law enforcement agency to calling consumers throughout the night, a third party debt collector must follow a series of provisions that protect consumers.
Leveraging the legal power of the FDCPA is the most effective way to fend off a lawsuit filed by a bill collector. An experienced consumer protection lawyer that has successfully litigated a large number of FDCPA cases will conduct an exhaustive review of your case to determine whether the company that filed a lawsuit against you violated one or more provisions of the groundbreaking federal consumer protection law.
What started out as a lawsuit against you might turn into a claim that you file against the debt collection agency.
Making a Third Party Dent Collector Pay for Violating the FDCPA
Not only does the FDCPA ban deceptive and overly aggressive debt collection tactics, it also grants consumers the right to file claims that seek monetary damages. Although statutory and actual damages represent the two types of monetary damages sought by consumers, you also have the right to seek just compensation that recovers lost wages.
A lawsuit filed by a bill collector can force you to miss time at work and thus, lose out on income as well. Your FDCPA attorney will submit documentation to the court that demonstrates how much money you lost in wages.
Schedule a free initial consultation today with an experienced consumer protection attorney to determine the best course of legal action.
*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 Rushmore Service Center, LLC or any other third-party collection agency, you may not be entitled to any compensation.