Case Outcome: Case dismissed with prejudice (permanently) Our client contacted us upon learning that they were being sued by Cavalry SPV I, LLC in a debt collection lawsuit. Debt collectors may sue for payment on debts. If you owe the debt or even if you think you are being sued in error, you have to respond to these allegations in the form of an Answer. Debt collectors often assume a debtor won’t show up to court to face a debt lawsuit, allowing them to get what they came for (the judgment) without having to … Cavalry had sued them for the claims of account stated, money lent, and quantum meruit. Before accepting an offer for settlement, get the entire agreement in writing. The number one mistake people make when they are sued is failing to respond to the notice. And that collector or debt buyer can’t transfer the debt (which doesn’t exist) to any other collector. It’s a simple answer to deal with overwhelming debt. NOW COMES the Defendant who hereby asks the Court to dismiss this case under Massachusetts Rules of Civil Procedure R. 37 (b)(2) (c) due to the Plaintiff’s failure to comply with the Court’s order dated __July 15, 2012_ ordering Plaintiff to (what the court told the plaintiff to do)___to provide defendant with answers to discovery requests. For example, a debt collection agency must show that it bought the right to sue on a valid debt. If you knew about the lawsuit but did not timely respond, you have 6 months to make the motion based upon “excusable neglect”. Both individuals and corporations are able to perform a bankruptcy discharge. Facing a debt collection lawsuit is an anxiety-provoking experience, especially if you don’t know what to expect or how to react. If you file a lawsuit, you may want to withdraw that lawsuit, either because you have come to a settlement with the defendant or because you want to delay the litigation. Answer the Debt Lawsuit. However, filing for bankruptcy requires many efforts. Generally speaking, if you had no actual notice of the lawsuit (for example, you were not served properly), you have two years from the date the judgment was entered against you to make the motion. The plaintiff hasn’t stated a valid claim. If you were served a Summons and Complaint, you MUST respond to it. Next, they sold the account to a collection agency. If you're facing a debt collection lawsuit, gather information on the debt, respond to the lawsuit and work to resolve the lawsuit in a timely manner. The creditor is spending money on lawyer fees and court appearances pursuing this lawsuit and the longer you put up a fight, the better your chances can be of getting the lawsuit dismissed. They never served me, I never appeared or answered the complaint, and after 1 year they withdrew the case, signing a Dismissal w/o Prejudice. Defendants seek dismissal when the lawsuit was filed in the wrong court or where there is no legal basis to any claim. However, if the plaintiff waited too long, you can have the judge dismiss the lawsuit. People can avoid bad credit record. While each case is a little different, and different states and courts have different rules, here’s what generally happens if a collection agency sues you for nonpayment of a debt. Hi,A credit card company filed a lawsuit against me. As a defendant, you can also move for a dismissal. In this case, debt dismissal or debt arbitration is the only choice. People can get free from their debt easily. Bottom line if you get a dismissal with prejudice and anyone bothers you on this debt again, they apparently are begging you to please sue them under the FDCPA (Fair Debt Collection Practices Act) … Have the collection agency file the paperwork to get the lawsuit dismissed and have them contact the credit bureaus and any third-party collection agencies they’ve hired to update your information. I sent a Debt Validation letter to dispute it. Typically, the plaintiff must attach to the complaint enough documents that show a valid contract.

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