|
The first thing I want to point out is that each state is different. I will post links to each states specific
laws at the end of this page so, be sure to read your states laws before acting. Once you find yourself with a lawsuit
on your hands you have some very serious choices to make. Should you fight the suit and risk a judgement on your CR
for 10+ years? Should you pay the debt and be stuck with a 'paid collection' mark on your credit report for up to
7 years? These are all very serious choices to make and the sooner you deal with them the better. The courts
will set dates that you have to ad-hear to if you don't want your CA to get a default judgement. Now, The first
question you have to ask yourself is are you going to fight the CA. This can be determined by asking yourself the following
questions: - 1. Is the Debt is legitimate?
- 2. Does the collection agency have the legal right to attempt
to collect it from you?
- 3. Does the lawsuit meet all necessary legal requirements to proceed?
The answer
to the first question should be pretty easy. If you had a credit card and didn't pay it, It is a legitimate debt.
If you are being sued by a gym in a state you never lived in, Chances are it is not legitimate. The second question
can be answered by first looking into your state laws. Is the debt past the statutes of limitations in your state? Does your state require credit agents to be licensed to collect? Cheat sheet Did you send
a debt validation request before they filed? If so they cannot legally sue you without validation. Click
Here for the case file Does the collection agent own the debt? Finally, Does the lawsuit meet all necessary
legal requirements to proceed? Have they attached a written contract between yourself and them or an original creditor? Many
times collection agencies often fail to properly articulate the claims against the debtor, either by means of failing to provide
enough information or failing to provide the proper documentation. If
you have decided to challenge the plaintiff and go to court here are some tips. - Get an attorney that specializes in collections law. The credit agent will have one and you don't
want to have them talk circles around you in case precedent and legal jargon.
- If
you can't afford a lawyer, study, study, study! Go onto law forums and ask lawyers for any helpful information.
Know your state law and FCRA and FDCPA backwards and forwards.
- Put together every
scrap of proof you can. If the credit agent violated the FCRA counter sue and bring your proof. Bring copies of any
documents you want to refer to.
Now if you wish to settle with the collection
agent contact the lawyer ASAP. Be honest about what you can and cannot afford. If you can pay the debt before
the answer date you will not have any court records on your credit report. If you are unable to do this make a payment
arrangement with the lawyer in writing. Try to push for a pay for delete clause in the contract to clear your credit report
of all negative information. Be polite and remember that the lawyer is only doing his/her job and will be more likely
to push their client to towards a settlement that is favorable to you both if they feel you are being honest and upfront.
You may also consider faxing him'her with any documents they ask for to prove what you can and cannot afford to pay.
Remember they work for the credit agent and have to prove they are doing their job. Good Luck!
| State | Maximum Dollar
Amount | Court Links | | Alabama | $3,000 | Alabama Court Link | | | Alaska | $10,000 | Alaska Court Link | | | Arizona | $2,500 | Arizona Court Link | | | Arkansas | $5,000 | Arkansas Court Link | | | California | $7,500 | California Court Link | | | Colorado | $7,500 | Colorado Court Link | | | Connecticut | $5,000 | Connecticut Court Link | | | Delaware | $15,000 | Delaware Court Link | | | District of Columbia | $5,000 | District of Columbia Court Link | | | Florida | $5,000 | Florida Court Link | | | Georgia | $15,000 | Georgia Court Link | | | Hawaii | $3,500 | Hawaii Court Link | | | Idaho | $5,000 | Idaho Court Link | | | Illinois | $10,000 | Illinois Court Link | | | Indiana | $6,000 | Indiana Court Link | | Iowa | $5,000 | Iowa Court Link | | | Kansas | $4,000 | Kansas Court Link | | | Kentucky | $1,500 | Kentucky Court Link | | | Louisiana | $3,000 | Louisiana Court Link | | | Maine | $4,500 | Maine Court Link | | | Maryland | $5,000 | Maryland Court Link | | | Massachusetts | $2,000 | Massachusetts Court Link | | | Michigan | $3,000 | Michigan Court Link | | | Minnesota | $7,500 | Minnesota Court Link | | | Mississippi | $2,500 | Mississippi Court Link | | | Missouri | $3,000 | Missouri Court Link | | Montana | $3,000 | Montana Court Link | | | Nebraska | $2,700 | Nebraska Court Link | | | Nevada | $5,000 | Nevada Court Link
Clark County
Washoe County | | | New Hampshire | $5,000 | New Hampshire Court Link | | | New Jersey | $3,000 | New Jersey Court Link | | | New Mexico | $10,000 | New Mexico Court Link | | | New York | $5,000 | New York Court Links | | | North Carolina | $5,000 | North Carolina Court Link | | | North Dakota | $5,000 | North Dakota Court Link | | | Ohio | $3,000 | Ohio Court Link | | | Oklahoma | $6,000 | Oklahoma Court Link (Oklahoma County) | | | Oregon | $7,500 | Oregon Court Link | | | Pennsylvania | $10,000 | Pennsylvania Court Link (Philadelphia County) | | | Rhode Island | $1,500 | Rhode Island Court Link | | | South Carolina | $7,500 | South Carolina Court Link | | | South Dakota | $8,000 | South Dakota Court Link | | | Tennessee | $10,000 | Tennessee Court Link | | | Texas | $10,000 | Texas Court Link | | | Utah | $7,500 | Utah Court Link | | | Vermont | $5,000 | Vermont Court Link | | | Virginia | $5,000 | Virginia Court Link | | | Washington | $4,000 | Washington Court Link | | | West Virginia | $5,000 | West Virginia Court Link | | | Wisconsin | $5,000 | Wisconsin Court Link | | | Wyoming | $5,000 | Wyoming | |
 |
|
|
If you have already had a suit filed against you, There still might
be options available to you. If you were never formally served or, there was other required procedures violated. You
can file a motion to vacate the judgement. Most courts will require that the debt be paid but it WILL remove the judgement
from your credit report.
|
|
