Do This If You're Sued by Express Recovery for Debt

George Simons | January 14, 2025

Fact-checked by Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

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: Not sure what to do now that you're being sued by Express Recovery? Don't panic. Learn how to engage with Express Recovery to resolve your debt issue.

The day a letter arrives Express Recovery is not going to be your best day. This is most likely a summons notifying you that you are being sued. It is extremely common with over 70 million Americans who have reported being in debt. There are many types of unpaid debt, whether that is a medical, credit card, or other types of consumer debt.

Despite this, if you do not respond in time, then the creditor will most likely win. In this case, they may get the right to garnish your wages or pull money directly from your bank accounts. This is why you must know your rights and what to do if sued by Express Recovery for debt. There are proactive steps you can take, like engaging in settlement negotiations, to resolve your debt issue.

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What is Express Recovery Services, Inc.?

If you are being sued by Express Recovery Services, Inc, you should know exactly who they are and what they do. Express Recovery Services, Inc., also does business as Clear Management Solutions. This is a debt collection company primarily located in Salt Lake City, Utah.

Who does Express Recovery collect for?

Established over 25 years ago, Express Recovery pursues debts on behalf of medical companies, utility companies, and financial institutions.

Don't let debt collectors push you around. Respond with Solo.

Read Express Recovery reviews online

If you want to find out what consumers have said about their experience with Express Recovery and whether it is possible to negotiate a debt collection settlement, then take a moment to read these reviews:

While Express Recovery online reviews are pretty mixed, there are some reviews that indicate consumers can have a pleasant experience communicating with Express Recovery collectors to resolve debt. Let’s consider a real example from a borrower named Nathan:

“My experience with Express as a business that occasionally needs help collecting $ from contracts is simple, these guys are the BEST. Their staff is constantly updating us with new rules, laws and statutes that we need to be aware of, and the conditions of the collections process. Our account representatives are always quick to respond, assist with each customer, and truly seek to understand each and every claim prior to pursuing. Ownership is very hands on, and engages with cases as needed, but are always available for a discussion over a tough case. As stated at first, this is a TOUGH business, but one that Express has set themselves apart at - 5 Stars!”

This review shows that Express Recovery debt collectors are open to working with you to resolve your concerns and get your debt paid in a manner that works for you and your current financial situation. Communication is the key.

If calling a debt collector to negotiate doesn’t sound like your idea of fun, try using SoloSettle to negotiate online and resolve your debt through the digital settlement platform.

How to settle debt with Express Recovery

If you don’t want the hassle and stress associated with battling a debt collector in court, then consider negotiating a debt settlement with Express Recovery. Below are three steps you should consider taking to try and settle your debt:

Step 1: Calculate how much you can afford pay toward the total debt

Before you reach out to Express Recovery to initiate settlement negotiations, calculate how much you can actually afford to pay toward the debt. Your calculation should factor in other living expenses. If you do not have sufficient funds to make a lump sum payment, try to calculate what you could reasonably pay in a series of installments.

Step 2: Commence settlement negotiations

Once you’ve determined how much you can reasonably repay, to try and negotiate a debt settlement. Start by offering Express Recovery a lower percentage of the total debt, which could be anywhere between 30% and 50% of the original amount. Be prepared for a counteroffer and to negotiate a settlement sum. If possible, extend a lump sum offer. Why? Because creditors are more likely to accept a lower amount if they receive a large, immediate payment.

Step 3: Get the debt settlement agreement in writing

Before making a payment toward the debt, ensure you receive a written agreement outlining the terms of the settlement. This is known as a debt settlement agreement. The agreement should clearly state that the payment will settle the debt in full and that they will not pursue any further legal action or collections.

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Make an Offer

If you decide to engage in settlement talks, consider using smart tools to help you with the debt settlement negotiation process, like SoloSettle, which is a software that sends and receives settlement offers for you until you come to an agreement with the collector or creditor. Innovative tools such as SoloSettle can make it much easier to fly solo in the debt settlement process, which can help you both save money and resolve your debts more efficiently than litigation.

To learn more about these steps, watch our video guide below:

Do This If Sued by Express Recovery for Debt

Lawsuits are common when it comes to debt, but when a creditor files a complaint against you, you will receive a notice. This should include information about why the creditor is suing you and what they want in return. This is typically the amount owed, as well as any interest, and sometimes, attorney fees and court costs.

In this case, the creditor, collection agency, or attorney will then notify you by serving you. This is essentially just being given a copy of the complaint and court summons. At this point, you should also be given information on how you can file a formal response in court, as well as when you need to arrive at court for your hearing.

In many cases, debt collectors assume that you will not respond, nor arrive at your hearing. In doing so, you will allow the judge to file a default judgment. This provides many benefits to the creditor and many consequences to you. They include:

  • Wage garnishment
  • Lien placed against your property
  • Frozen assets in your bank account

Avoid losing your assets. Use Solo to file a response fast.

Step 1: Gather Information

If you are being sued by Express Recovery Services, then they are most likely not the original creditor. In this case, your debt may have been sold a few times, and it may be something that you even forgot about.

You should review your records and go over anything that has been sent to you by the debt collector. You should write down who the creditor is, how much they state that you owe and if it is accurate. You also should examine if the debt is past the statute of limitations. When this occurs the debt is no longer legally suable. This means that it is “time-barred.” Although you will be required to pay it legally, you can no longer be sued for it.

Step 2: Respond to the Lawsuit

Ignoring a lawsuit is the worst thing you can do. When you ignore it, it will put your wages, your bank account, and your property at risk for seizure. You will also lose the ability to dispute the debt. Although this might seem complicated, it is essential to respond to have opportunities to fight the debt later on. It is good to note that you will need to pay a filing fee along with your response.

Step 3: The Hearing

Going to your hearing is just as important as your response. At your hearing, the judge will let you know what you are required to pay. This is your chance to make a defense or work out a settlement.

If you owe the debt then you have the option to set up a payment plan or settle for less than you owe. In these cases, you must get a written agreement that states the terms and that the debt will be settled once you pay a specific amount.

If you believe that you should not have to pay the debt because of an “affirmative defense” then you need to prove why. An affirmative defense might include:

  • Item purchased was defective or never delivered
  • Debt contract was unenforceable or illegal
  • Canceled the contract within the legal time frame

If you do not owe the debt then you can ask them to prove your responsibility for it. This is an extremely strong defense because if they are unable to do so, then your debt lawsuit will be dropped. You can ask Express Recovery Services to provide the original debt contract, as well as to prove why you owe the specific amount. If they are unable to do so, then the judge will throw out your case.

Make the right defense the right way with SoloSuit and win in court.

Ask for accurate documentation about your debt

In all aspects of a debt collection lawsuit, having adequate documentation is essential. Without it, you will have nothing to prove your case, but the same can be said about a debt collector. If the debt collector does not have proof that they own your debt, it is enough to have the case thrown out. Therefore, always ask for proof, and ensure that everything is in writing.

You have rights under the FDCPA

The Fair Debt Collection Practices Act is also known as the FDCPA. This is a consumer protection law that dictates what third-party debt collectors can and cannot do. Specifically, it protects consumers from deceptive and unethical collection tactics. These might include:

  • Threatening legal action when it is not possible or there is no intention of doing so
  • Calling at inconvenient times and places such as at work or early/late in the day
  • Claiming that you owe an amount that you do not
  • Using obscene language
  • Talking to anyone other than your lawyer or spouse regarding your debt
  • Contacting you directly after you've hired an attorney

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

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.

Other debt resources


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