Beat Firstsource Advantage in court

Chloe Meltzer | October 19, 2022

Chloe-Meltzer
Legal Expert
Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Is Firstsource Advantage suing you for a debt? SoloSuit can help you take a stand and win in court.

If you are being sued by a debt collector, it is important to act as quickly as possible. Winning a debt collection lawsuit is possible, but your chances of winning are much greater if you can find the cracks in the opposing party's case. This involves taking a close look at the court Summons and Complaint and responding with information that will build you the strongest case. You can beat Firstsource Advantage in court, and this is a brief guide on how to do it.

Who is FirstSource Advantage?

FirstSource Advantage is a debt collection agency typically hired by creditors to collect past-due debts. Many consumers have submitted official complaints about FirstSource Advantage LLC to the Better Business Bureau. These complaints include unethical behavior by Firstsource Advantage like trying to collect on a false debt and violating the FDCPA by contacting debtors' family members or employers in order to collect a debt. Firstsource is also known to make harassing and abusive calls, send out threatening letters, and confuse borrowers. Given this information, it's important that you investigate the debt they are trying to collect from you to see if you actually owe it.

Although First Source Advantage collections have many complaints against them, they are a legitimate debt collection agency with a successful record in collecting debt. But you don't have to give in to their aggressive debt collection tactics. Take a stand today.

How to stop harassment from Firstsource Advantage

Under the Fair Debt Collection Practices Act (FDCPA), you are protected from debt collection companies that harass you. The FDCPA prohibits debt collectors from using abusive and manipulative strategies to collect debts. For example, some of the banned actions include:

  • Contacting anyone other than your spouse or lawyer regarding the debt
  • Threatening you with jail, harm of credit, or wage garnishment without the actual ability to act on the threat
  • Calling at “unreasonable times” of the day, i.e. before 8:00 AM or after 9:00 PM
  • Contacting you at your employer's office if your employer prohibits such communications
  • Calling your employer to inform them of your debt
  • Disclosing any aspect of the debt to others
  • Using profane or obscene language during calls to intimidate you
  • Sending collection letters that appear to be from a court or government office
  • Threatening to arrest you if the debt remains unpaid

What You Should Know

If you are being sued by a debt collector, you probably have more options than you think. Since Firstsource Advantage, LLC is a third-party debt collection agency, this means that the original creditor of the debt has hired them to collect your debt. As such, the most important step in dealing with Firstsource Advantage is to verify that the debt they're trying to collect is actually valid (i.e. you actually owe it, it is not past the statute of limitations, and the amount is correct). This can be stressful, but it may be the first step to building your strongest case.

You must respond

The first action you should take in a debt lawsuit with Firstsource Advantage is to file an Answer. If Firstsource Advantage is suing you, they should have sent you a Summons and Complaint notifying you of the lawsuit and outlining the specific allegations against you. You have 14-30 days to respond, depending on which state you live in. Your Answer should be filed with the court, and you should send a copy of it to the attorney listed on the case.

Many people who are served with a debt collection lawsuit are afraid that they will lose no matter what, especially if they actually owe the money. Others might think a lawyer is required. Most don't know how to respond andfail to do so on time. Sadly, about 90% of debt collection lawsuits result in default judgments simply because the debtor does not respond.

Having a default judgment against you can damage your credit score and lead to other financial problems like wage garnishment. For this reason, it is essential that you respond to the lawsuit to avoid default judgment.

Rather than shelling out a ton of money to hire an attorney, represent yourself before the court by using SoloSuit's services to draft your very own Answer in minutes.

Here is SoloSuit's handy debt collection lawsuit flowchart that outlines all the possible routes a debt lawsuit can take:

Debt Collection Lawsuit Flowchart

Technical defenses to a debt collection lawsuits

As the plaintiff in a collections lawsuit, the creditor or debt buyer is required to prove their right to collect on a debt, as well as how much you owe. They must specifically produce evidence that proves you owe the debt. This is usually somewhat difficult, as compared to simply filing the lawsuit.

One common defense is to challenge the debt collector's right to sue you. When you do this, the debt collector must prove that it legally owns your debt. If they did not personally enter into the contract with you, then they must show how they purchased the debt from the original creditor. Since Firstsource Advantage, LLC is a third-party collection agency, this type of proof requires more steps on their part. If they cannot produce documents that prove who owns the debt, then Firstsource Advantage does not have a case. This is why it is important to use this affirmative defense when you respond in your answer.

SoloSuit's Answer form includes a variety of affirmative defenses that can help you strengthen your case. Such technicalities include improper venue or service, lack of standing to sue, or the statute of limitations being expired. You can produce a strong list of affirmative defenses for free with the help of SoloSuit. All you have to do is fill out a simple questionnaire, and SoloSuit's innovative software will do the rest for you.

SoloSuit can help you file an Answer in all 50 states.

Settling a lawsuit for less than you owe

Because debt collectors often purchase debts for “pennies on the dollar”, it is usually possible to settle the debt for less than you owe. The first choice would be to get the lawsuit tossed on a technicality, but if this is not possible, a settlement is second best. In fact, most collection lawsuits can be settled for much less than the initial demand.

Check out SoloSuit's CEO paying off a customer's debt by negotiating a settlement with the collector:

Challenging a debt collection lawsuit

Rather than sit around and wait for the Firstsource Advantage to collect your debt, fight back! Default judgments can cause serious issues, adding more than the amount you owe, compounded with interest and lawyer fees as well. Looking into a settlement or challenging a suit is practically free, especially when you have had your rights violated. Respond to that debt collection lawsuit today and beat FristSource Advantage, LLC in court.

Here's SoloSuit's 50-state guide on Answering a Summons for Debt Collection

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

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