How the Debt Collection Lawsuit Process Works

Knowing how the debt collection process works will help you when and if you do end up facing a lawsuit regarding debt collection.Robinson, Seiler, Anderson & Fife, LC. in Provo can help you navigate the debt collection process. Below are some helpful tips to get you through the debt collection lawsuit process.

 

Receiving the Summons

As soon as you receive the summons you will want to read it. A summons is an official notification from the court that a lawsuit is pending against you. In order for there to be any judgment against you, a summons must be properly served on you according to the laws of your state. The summons will direct you precisely what to do and how much time you have to do it. You will then want to contact your attorney at Robinson, Seiler & Anderson in Provo. They will help you to build your case and advise you on the steps you will need to take next.

 

Lawyers as Debt Collectors and your Rights

The lawyers who file those lawsuits are debt collectors according to the law. That means they must follow the Fair Debt Collection Practices Act in every way. Thus, when confronted with a debt collector that is also a lawyer, or when being sued by a lawyer for a debt collection, here are some things that the lawyers must do:

• Send written correspondence to your home address within 5 days of the first communication identifying who they are, who they are collecting on behalf of, and the balance owed. In addition, the correspondence must advise you that you have the right to dispute the debt, and has 30 days to demand that the debt collector validate the debt.
• Advise you at each and every communication that the communication is coming from a debt collector, and any information obtained will be used for the purpose of debt settlement.
• In the event of obtaining a post dated payment instrument, provide you written notice of the intent to deposit the post dated instrument.

 

There are some key points you should pay attention to when it comes to what debt collection lawyers can’t do:

• Do anything that violates the Fair Debt Collection Practices Act.
• Use their position as an attorney to trick you. Look out for the trap in the courthouse. Lawyers acting as debt collectors in the courthouse sometimes will try to work out a deal with you beforehand.
• Wait for your case to be completed. Just because the lawyer says that he or she will go in front of the judge and you don’t have to, does not make it a good idea. Wait it out and hear how your case is disposed of. Make sure it matches what you were told by any of the lawyers or collectors you spoke to about the hearing.

 

For more information regarding debt collection lawsuits make sure you contact Robinson, Seiler, Anderson & Fife, LC. in Provo today to schedule your consultation with one of our experienced attorneys.