Can Collection Agencies Sue You for Debt?
In short, yes. Collection Agencies can sue you for debt. However, just because you are served with a lawsuit consumer law still protects you, and so long as you appear in court and properly raise defenses the collection agencies still have to prove their case against you. Many times people do not show up in court, or just assume they cannot win if they are being sued by a collection agency or bill collector or credit card company. If you get served with a debt collection lawsuit you should speak to an attorney to see if you have any defenses or if the suit can be resolved short of a judgment being entered against you. Elkin-Peck PLLC services Plant City for debt collection harassment and no matter where you live in Florida, if you get served with a debt collection lawsuit please call Elkin-Peck, PLLC for a free consultation. Don’t wait. The law only gives you a certain amount of time to respond once you have been served, typically 20 days. If the debt is very old it may be a Zombie Debt and you may have a bulletproof statute of limitations defense, however you must raise the defense timely and properly. Sending a letter to the Court disputing the debt will likely not be sufficient to avoid a judgment. Further, the fact that you have fallen on hard times is not a valid legal defense that will prevent a judgment from being entered. Think of a lawsuit as like a surgery…….would you perform your own surgery or would you prefer a doctor operate? A lawyer who knows about debt collection lawsuits should substantially increase your chances of making sure you are not the victim of a short cut collection harassment debt lawsuit by making the collection agency prove their case. If the collection agency cannot prove their case, you win, not them.
If a collection agency knowingly files a time-barred lawsuit against you such conduct may be in violation Florida’s consumer protection act or the Fair Debt Collection Practices Act. Prior to being sued it is likely you will receive collection letters for past due amounts or other collection letters. Do not ignore these letters. If you call Elkin-Peck, PLLC who services all of the Tampa Bay Area, including Plant City, we can likely assist you and advise you on what to do. Do not wait until after a judgment has been entered against you to contact an attorney. Doing so may significantly limit the attorney’s ability to help you, and will likely cost you more money. Ignoring a collection lawsuit is usually not the answer. Collection agency legal action is real, but an informed defense may shift the leverage back to you.
You do not have to be the victim of debt collector harassment. If you are receiving harassing phone calls, if you are receiving collection letters, or you are being threatened with or have been served with a debt collection lawsuit contact one of the attorneys at Elkin-Peck PLLC. Even if it is just to ask a question or two about debt collection harassment laws in Plant City and surrounding areas we will take your call. There is never any charge for a consultation. We at Elkin-Peck PLLC take great pride in being able to inform people on what debt collection harassment laws may protect them. Knowledge is power. Even if you owe money we believe you should still be treated with respect and only contacted within the bounds of applicable debt collection laws.
In addition to servicing Plant City, FL, Elkin-Peck, PLLC also servicers the entire Tampa Bay Area.