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Summary: Sued for a debt by Synchrony Bank for the PayPal Extra Mastercard? This guide is for you. Use Solo to respond effectively and resolve your debt issue.
Being on the receiving end of a debt collection notice from Synchrony Bank / PayPal Extra Mastercard (SYNC/PPEXTR) is no one's idea of fun. However, it happens, and if you are in receipt of a letter from SYNCB attempting to collect a debt, you'll want to know how to handle it. Do not get stressed out. You got this. There are proactive steps you can take to resolve your debt issue, like negotiating a debt settlement.
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Settle with SoloSettleSYNCB stands for Synchrony Bank, an online bank offering high-yield savings accounts, money market accounts and CDs. Synchrony also offers financing and credit cards, including the PayPal Extra Mastercard, across different retail and service categories.
Synchrony Bank manages debt collection internally through a department and does not typically hire outside debt collection agencies. However, if the debt is so delinquent that legal action is necessary, SYNCB will hire a debt collection law firm to file a lawsuit and escalate the debt in an effort to persuade the debtor to pay it off.
Researching the online reviews of other people who interacted with SYNC/PPEXTR on a debt collection matter is a prudent decision, especially if you intend to reach out to the debt collector to discuss your own debt issue. Solo is here to help. Below are sources to real online reviews:
Objectively, the online reviews of SYNC/PPEXTR are a mixed bag. Despite the up and down reviews, this should not deter you from taking steps to engage with SYNC/PPEXTR in an effort to resolve the debt collection matter. Many debt collectors, including those affiliated with SYNC/PPEXTR, are willing to work with individuals to resolve a collection matter. Proactive communication is essential.
Whether you were served with a Summons and Complaint related to a debt collection lawsuit or have only received a few phone calls, you retain the ability to try and negotiate a debt settlement.
Here are some recommended steps to try and settle your debt with SYNCB:
To learn more about these tips and others that may assist you on your journey to settle debt with SYNC/PPEXTR, watch the following interview with a consumer rights attorney, John Skiba, where he shares the best tips for negotiating debt settlement with collectors:
If a credit card company has sued you for an outstanding balance, it must prove that you owe the money. If there is a flaw in the case, you can demonstrate that the company failed to show you owe the money or that you owe a lower amount. During the plaintiffs' presentation, you defend against their case by showing the flaws in it.
A debt collection case from a credit card company is a breach of contract lawsuit. The amount the credit card company is suing you for must be directly linked to your failure to perform responsibilities under a valid contract. Therefore, the first element of their case that must be proven is the existence of a valid contract.
Courts operate on evidence, so the credit card company must present a copy of the contract. This contract must prove that the company offered it to you, you accepted it and that valid consideration was given. Valid consideration could be the services the company provided to you.
In addition, the credit card company must prove that you breached the contract. It will need to show account statements and records demonstrating that you failed to pay the required amount. In addition, the credit card company must show that it suffered harm. For example, if you breached the contract but the company lost no money, then the credit card company cannot prove harm.
When you receive a lawsuit or notification of a potential lawsuit, you should ask yourself some important questions, including the following:
In many cases, the credit card company will have evidence to prove its claim; however, you may have affirmative defenses that entitle you to a dismissal.
Affirmative defenses show that the credit card company violated a point of law, which entitles you to a dismissal of the case or a reduction in the amount owed.
For example, if you paid the balance and the credit card company failed to give you credit, it has breached the contract, not you. If you can show you paid, then you fulfilled your responsibility. If the company failed to account for it correctly, you are not responsible.
With SoloSuit you can make the right affirmative defenses the right way.
Typical affirmative defenses include the following:
Each state sets a statute of limitations. For example, in Florida, a four-year limit applies to breach of contract lawsuits. If too much time has passed, the case must be dismissed, and you owe nothing.
Note: When a statute (law) applies, the company cannot write language into a contract that allows it to get around the law. For instance, if the contract states that the company has five years to file a lawsuit, but the law only allows for four, then the five-year requirement is invalid. The law always supersedes.
Plaintiff Failed to Attach Contract or Other Required Paperwork to the Lawsuit
The company must document its allegations.
The company will hold you to all rules, so do the same to them.
If you never authorized the charges, you are not responsible for them. Period. The only exception is if you are a co-signer on someone else's account and that person made the charges.
Late fees, over limit fees, collection charges, attorney fees, court cost and all other fees must be included explicitly in the contract.
Many states limit or bar certain fees. If you have been charged a fee that is unlawful, it must be dismissed, regardless of what the contract reads.
Many jurisdictions place a ceiling on interest rates. You have an affirmative defense if you have been overcharged according to the law.
The worst mistake you can make as a debtor is to ignore a lawsuit. Many people make this mistake because they believe, erroneously, that there is no point if they cannot afford to pay the debt. Nothing could be further from the truth.
If you lack funds, responding is even more important because it prevents the company from receiving a default judgment. When the defendant doesn't show, the court automatically enters an order in favor of the plaintiff for whatever monies are demanded. This can result in a judgment that far exceeds the original debt.
Solo makes it simple to respond the right way.
Further, the default judgement gives the creditor the right to levy your bank account or garnish your wages. If you are low on money, this is a terrible result.
Upon receipt of the lawsuit, make sure to file an answer. The answer should demand that the company prove you owe the debt and assert any affirmative defenses. If the company can prove you owe the money, it may be wise to settle out of court. Often, the company will agree to waive fees, interest, penalties and some of the original debt itself.
Since SYNCB/PPEXTR is an original creditor (as opposed to a collection firm that buys debt) it is more likely to have the paperwork needed to prove you owe money and it has the right to collect it. Because of this, focusing on affirmative defenses and negotiating for a lower settlement often works best. By responding to the lawsuit, demanding proof of the debt and asserting affirmative defenses, you gain the leverage you need to obtain a productive settlement agreement.
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Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.