Being pursued by a debt collector like Mountain Land Collections can be stressful and anxiety-inducing. And, unfortunately, you may also be served with a collections lawsuit. This can leave you feeling overwhelmed and wondering what you can do to beat Mountain Land Collections in court.
The following tips can be key in helping you fight back and defend yourself against Mountain Land Collections in court. With this information, you can hopefully find some peace of mind and feel more confident taking on this legal challenge.
Respond to Mountain Land Collections Lawsuit
The most important thing to do when you are served with a Summons and Complaint by a representative of Mountain Land Collections is to respond to the lawsuit in a timely manner. Ignoring the lawsuit will not make it go away, and may result in a judgment against you.
Even if you believe you do not owe the debt, or that you have been sued by mistake, you must still provide a response to the allegations made by Mountain Land Collections. This response is known as an Answer. Without an Answer, the court may find in favor of Mountain Land Collections without ever hearing your side of the story.
So, whether you owe the debt or not, responding to the Summons and Complaint is crucial.
It is important to respond to a lawsuit from a debt collection company like Mountain Land Collections because failing to do so will allow them to obtain a default judgment against you. This means they could garnish your wages, take money from your bank account, collect attorney’s fees and court costs, and seize your personal property.
Many people fail to respond to such lawsuits, assuming that doing so will not make any difference. However, taking the time to file an Answer to the Summons and Complaint can actually catch many debt collectors off guard and create an opportunity to reach a settlement or out-of-court resolution with them.
Mountain Land Collections Must Prove That You Owe the Debt
The lawsuit filed against you is based on a debt that has been sold and resold multiple times. As a result, the collection agency may not have the original signed agreement or complete account history.
You can challenge the lawsuit by requesting this information from the company. In many cases, this will cause the debt collection company to drop the case.
Prove that Mountain Land Collections Filed Their Lawsuit Within The Statute of Limitations
Debt collectors have a limited amount of time to sue you for an outstanding debt. This is known as the statute of limitations. In many cases, debt collectors will assume that most people will not respond to a collections lawsuit and they will obtain a default judgment. However, this means that they often fail to take the time to confirm that they can legally sue you for the debt. It is important to remember that, in most states, the statute of limitations on a debt has expired. This means that the debt collector is not allowed to sue you.
However, there are some exceptions to this rule. For example, in some cases, the statute of limitations may be extended or restarted due to certain actions taken by the debtor. In other cases, the court may toll (pause) the statute of limitations due to special circumstances.
Counterclaim Against The Debt Collector
As a consumer, you have the right to file a lawsuit against a debt collector for any alleged violations of the Fair Debt Collection Practices Act (FDCPA). These could include receiving collection calls before 8:00 AM or after 9:00 PM.
Should you prevail on your counterclaim, you may be entitled to statutory damages of $1,000, as well as punitive and economic damages. This could be a great way to seek justice and hold the debt collector accountable for their actions.
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