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Do you need to know who Integras Capital Recovery, LLC is? This debt collection agency files lawsuits throughout the State of Texas for debt collection. Although you might be stressed out, it is important not to panic. You are taking the first step now to educate yourself, which is excellent.
The most important thing you need to know is that you should not ignore the problem. Most often, those who are being sued for debt try to dismiss the lawsuit. This leads to a default judgment, which means that Integras Capital will win automatically. Learning what you need to do next will help to prevent this.
How Debt Collection Lawsuits Work
A Dismissal is An Option for Your Case
If you find yourself in a lawsuit with Integras, there is a chance that the company may decide to dismiss the case. This could be due to some reasons, such as the expense of pursuing the case or the belief that you will not be found guilty in a default judgment.
In some cases, dismissal may also occur because Integras does not have a strong enough case against you. If they are unable to prove that you owe them money or if you request a chain of title, they may choose to drop the lawsuit entirely.
Settlements are Possible
If the case goes to trial, there is a chance that the court will order a settlement. This could happen if either party requests it or if someone countersues it. Usually, the amount of the settlement is much lower than the original demand in the lawsuit.
Here’s How You Can Beat Integras Capital
Take Action to Win the Lawsuit
If you’ve been served with a summons and complaint for a debt, the worst thing you can do is ignore it. Ignoring the lawsuit will only make things worse, as the court can enter a default judgment against you if you don’t file a response. This could lead to wage garnishment or money being taken from your bank account.
So what should you do if you’ve been sued for debt? The best thing to do is to consult with an attorney to see what options are available to you.
Make Sure Your Answer is Filed
If you have been served with a summons and complaint from Integras Capital, you must take action within a certain number of days, or you will lose your opportunity to dispute the debt.
The next steps are to ask the court for a stamped copy of your answer to the complaint and then send it to Integras Capital’s lawyer via certified mail. If you do not take these steps within the specified timeframe, you may not be able to dispute the debt later on.
Challenge Their Right to Sue
If a debt collector is suing you, one way to respond is to simply question their right to do so. The company might not have proof of the original debt if it purchased it from a creditor or another source.
Asking for documentation from the company can help prove their case. This should include the original credit agreement signed by you, as well as paperwork that details the chain of custody. All documentation must be accurate and come from the original creditor. If the company cannot provide this, a judge may dismiss the lawsuit altogether.
Debt Collectors Have The Burden of Proof
If you find yourself being sued by a debt collector, it is essential to know that they have the burden of proof. This means that they must be able to show that you are responsible for the debt, owe a specific amount of money, and have the right to sue you in court. Asking for proof is one way to defend yourself against such a lawsuit.
Make Sure You Know The Statute of Limitations Before Making Any Payments
The statute of limitations is the amount of time a creditor has to sue you for a debt. This time period varies from state to state but is typically four to six years. It’s important to know that the statute of limitations starts on the last day you were active on an account – this could be making a payment or drawing funds from the account.
So if you’re planning to fight debt, it’s crucial that you avoid making any payments on it, as this could reset the statute of limitations and leave you without a defense.
You Can File a Countersuit If Debt Collectors Violate The FDCPA
If you believe that a debt collector has violated the Fair Debt Collection Practices Act (FDCPA), you may be able to take legal action against them.
There are a number of different ways in which a debt collector might violate the FDCPA, including by continuing to attempt to collect a debt that you do not actually owe, using harassing tactics, making threats of harm or jail, disclosing your debt to someone other than your spouse, or making false statements or misrepresentations.
If you can prove that a debt collector has violated the FDCPA, they may be required to pay your legal fees and could potentially have the lawsuit against you completely dropped. You may also be able to seek compensation for any damages that you have incurred as a result of the violation.
Stop Debt Collection Efforts by Filing for Bankruptcy
If you find yourself in a situation where you are unable to pay off your debts, it is important to understand that bankruptcy is not always the necessary solution. However, if you are experiencing other financial difficulties as well, filing for bankruptcy may be the best option. By filing a petition of bankruptcy, all debt collection efforts will be put on hold until the bankruptcy is resolved.
It is crucial not to take this decision lightly, as bankruptcy can have a significant impact on your credit score. This should only be used as a last resort when all other options have been exhausted.
Defeat Integras Capital Recovery LLC in Court
If you’re being sued by Integras Capital Recovery LLC, don’t despair – there are things you can do to fight back and possibly win the case.
First and foremost, it’s crucial that you respond to the lawsuit; ignoring it will only make things worse. Secondly, try to settle your debt with Integras; this will likely be the best option for you in the long run.