What Is The Difference Between A Debt Buyer Versus The Original Creditor?
The original creditor is the entity that generally grants the credit or makes the loan to the customer or debtor. Sometimes these original creditors will sell that debt to a third-party who then on the debt and can collect it and sue in place of the original creditor.
Why Do Creditors Sell Debt To These Debt Buyers? Do Most People Understand The Difference?
Creditors sell their debt for a number of different reasons it may be too small of a debt or it may be deemed uncollectible or the original creditor is in need of some quick cash and wants to sell their asset to a third party.
When Is A Debt Buyer Likely To File A Lawsuit Against Me? How Serious Does The Debt And Delinquency Have To Be?
When it becomes clear to the creditor that a party is not going to voluntarily make payments on the debt they generally proceed to litigation. Generally they make several attempts to contact a debtor and make an arrangement for payment prior to filing of a lawsuit.
Is There A Statute Of Limitations Against A Debt Buyer Filing A Lawsuit Against Me?
The statute of limitations for a contract action in the state of New York is six years from the date of default.
I Have Received A Notice Of The Complaint. How Long Do I Have To Respond?
Depending on how the person was served with the summons and complaint and what type of court the case is pending in, they will either have 10, 20 or 30 days to respond to the complaint.
What Happens If I Don’t Respond To The Complaint And Don’t Show For Court? What Actions Can A Judge Impose In A Default Judgement?
If a summons and complaint is not responded to in a timely fashion generally the clerk or judge will grant a default judgment to the plaintiff. The plaintiff will then try to collect that judgment by various methods.
What Are Potential Defenses To Proving I Do Not Owe The Debt?
This depends on the individual case. There could be a fraud situation where the client did not open the account at all, or dispute the charges on the account, or dispute the fees and interest that are associated with the account.
What If It Turns Out I Do Actually Owe The Debt? Is There Anything My Attorney Can Do To Work With The Debt-Buyer To Reduce The Amount Owed?
I can generally settle these types of debts at any stage of the litigation
Can I Appeal A Decision Made By The Court?
Generally a party always has the right to file an appeal regarding a decision issued by a court.
What Are Some Of The Major Complications People Run Into When They Try And Handle A Lawsuit By A Debt-Buyer On Their Own?
Generally debtors who represent themselves in these types of cases won’t know what is legally permissible for debt collectors to do regarding the collection of the debt. Collectors are generally barred from saying certain things and calling certain places and calling a particular times regarding the collection of a debt. Debtors may not also though what is a reasonable settlement in a particular case to pay on these types of cases.
Should I Always Hire An Attorney In A Debt Collection Lawsuit? Does The Amount Of Debt I Am Being Sued For Make A Difference In Whether Or Not I Need A Lawyer?
It is always recommended to hire an attorney such as myself to represent a debtor in these types of cases. I have handled cases as low as a few thousand dollars up to a few hundred thousand dollars and have extensive experience litigating these matters and reaching favorable settlements for my clients.
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