Sued by a Debt Collector: What Are My Options?

No one wants to be sued by a debt collector. However, if you’ve recently been served with a debt collection lawsuit, you can’t just put your head in the sand and hope it goes away. Rather, you must assess your options and take immediate action. Therefore, after reviewing the following debt collection lawsuit options, it is recommended that you contact a debt collection lawsuit defense attorney as soon as possible to help determine the appropriate course of action in your California debt collection lawsuit case. 

File a response 

Regardless of how you ultimately decide to deal with your California debt collection lawsuit, you must first file a response. If you fail to respond, you’ll likely face a default judgment in your case, which essentially amounts to an automatic loss for you. The bottom line here is that you must file a response to avoid a default judgment in your case. 

Challenge the debt collector’s right to sue

One option you have after being sued by a debt collector is to challenge the plaintiff’s right to sue. Sometimes, by the time a debt collector files a lawsuit, the debt in question may have been sold several times. The debt collector that filed the lawsuit against you must prove that it has the right to sue you. Often, debt collectors lack the evidence to prove this. You can take advantage of this with the help of a debt collection lawsuit defense attorney.

Force the debt collector to prove its case against you

When a debt collector sues you, it must prove:  

  • That you’re responsible for the debt,
  • That the debt collector has the right to sue you, and
  • That you owe a specific amount of money.

With the help of a debt collection lawsuit defense attorney, you can force the debt collector to prove all of these things. Often, debt collectors lack the evidence to prove that they own the debt in question. 

File a countersuit

If the debt collector who sued you violated the Fair Debt Collection Practices Act when dealing with you, you may be able to file a countersuit for damages. 

Contact a California debt collection lawsuit defense attorney

Finally, if you’ve been sued by a debt collector, you should contact a debt collection lawsuit defense attorney as soon as possible. At the Fullman Firm, we have over 40 years of combined debt collection lawsuit defense experience. When you choose us to represent you in your California debt collection lawsuit case, we can explore all available options and work with you to develop the most effective legal strategy possible in your case. If you’re ready to fight back, please contact us today to schedule a consultation.