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How to Settle Debt With Fulton Friedman & Gullace LLP

Chloe Meltzer | July 30, 2024

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: To settle debt with Fulton, Friedman, & Gullace, respond to the pending lawsuit and then reach out to negotiate a debt settlement. Use the attorney tips listed below to negotiate.

When you are past due on a debt, the creditor may assign your debt, or sell it, to a debt collector. This agency will then attempt to collect on that debt. In many cases, you will find yourself being sued. This can be a scary time. Credit card debt delinquency is no joke.

If your debt payments have fallen short, you will be contacted by debt collectors and they may use threatening language. They might call you, threaten to seize your assets, or humiliate you and discuss your debt with your friends or boss. If this happens, you may not know how to respond, but you need to know your rights and how to respond appropriately.

Don't let debt collectors use shady tactics against you. Respond with SoloSuit.

Settle debt with Fulton Friedman & Gullace LLP

You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.

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Who is Fulton, Friedman & Gullace, LLP?

Fulton, Friedman & Gullace, LLP is a debt collection law office. They are located out of Rochester, New York, and have been working since 2008. Many consumers have reported being harassed by Fulton, Friedman & Gullace, LLP. They have turned to the courts to protect their rights.

In late 2011 and early 2012, a California resident allegedly defaulted on a credit card debt. This was assigned and then turned over to Fulton, Friedman & Gullace, LLP to collect the debt. When Fulton, Friedman & Gullace, LLP filed a lawsuit against him, he asked for a validation request. This was not provided until the debtor would provide his bank account details. Hastily he gave these details with explicit directions not to take money out of his account. Fulton, Friedman & Gullace, LLP did not listen, never offered a written agreement, and took out $335 from his bank account. This is a harassment suit.

Violations of the FDCPA

The FDCPA (Federal Debt Collection Practices Act) protects consumers against unfair debt collection tactics. These might include:

  • Failing to validate the debt
  • Using false, or misleading means to collect a debt
  • Using unfair means to collect a debt
  • Attempting to collect an amount that is not legal through the creditor agreement
  • Harassment or profanity in an attempt to collect
  • Contacting directly despite already having a lawyer
  • Calling several times a day
  • Telling anyone other than spouse about your debt
  • Refusing to prove that a debt is valid
  • Claiming to be police officials or government agents

Use SoloSuit and the right defense to protect yourself from creditors.

What to do when being sued by a debt collector

Verify the timeline

When being sued for debt, you need to understand the process. Typically 180 days after the debt is past due you will receive a phone call or letter in the mail. Then within five days of contact, you should be sent a debt validation letter stating how much you owe, as well as other information such as the name of the creditor and how to dispute the debt.

If you feel you do not owe the debt then you can ask the debt collector for a verification letter. This must be sent within 30 days. If you do feel you owe the debt, you will need to respond and figure out how you plan to pay off the debt. This might be paying it completely, looking to set up a payment plan, or negotiating a settlement.

If you do not do any of these options you can be sued. This will lead to a court date, and if you miss the court date an automatic judgment will be ordered against you. This leads to wage garnishment as well as property liens, and more. Therefore, you need to respond to all notices.

Craft your response

Regardless of you believe you owe the debt or not, you will need to respond to the lawsuit. This can be scary, but if you do not respond with an “Answer” you will have a default judgment placed against you. This will also make it impossible to fight the lawsuit.

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Challenge the lawsuit

Debt collectors are typically hired by the original creditor after default. If you think that you should not owe the debt, you can challenge the lawsuit. Common reasons for challenging the lawsuit include being the wrong person who is being served, or a debt already being paid. In these cases, you can submit this with your Answer, and the debt lawsuit will usually be taken off. When the debt amount is incorrect, you can ask for proof. You legally have the right to do this, and the debt collector must prove your responsibility.

Another reason why you might challenge the lawsuit is that it is past the statute of limitations. This is the longest amount of time that debt can be legally collected on. Typically this ranges from three to twenty years, but on average is around four to six years. This will depend on the state you are being sued in and what type of debt you owe.

What to bring to a dispute

If you're disputing the lawsuit, you will need to bring various forms of documentation. This should include information regarding:

  • Who the creditor is
  • If the debt has been paid
  • If the debt is accurate
  • Proof of how the debt is past the statute of limitations
  • Any proof of violations of the FDCPA

Accepting the judgment

There are various things that you can do if you decide to accept the judgment or not. If you want to accept the judgment and avoid going to court, you can settle out of court. This can sometimes be done for a lower cost than the total amount. In this case, you may want to threaten bankruptcy to push the suit along. If you have limited wages, then you may be judgment proof. In this situation, it will mean that you do not make enough money, which means that your wages cannot be garnished.

Regardless of what you decide to do, you need to make a decision that is best for you. Debt lawsuits are nothing to mess with, and above all, you must respond. Otherwise, matters will only get worse.

Use these negotiation tips to settle debt with Fulton Friedman & Gullace LLP

In some cases, debt settlement is the ideal outcome and a win-win situation: you resolve the lawsuit for less, and the plaintiff that Fulton Friedman & Gullace LLP represents gets paid. Plus, debt settlement has less of an impact on your credit score than not paying a debt at all.

Here are some tips from an attorney on how to negotiatie debt settlement with law firms like Fulton Friedman & Gullace LLP:

  • 👉Use bankruptcy as leverage: Mentioning the possibility of filing for bankruptcy can be a strong negotiating point. Creditors might be more inclined to settle for some amount rather than risk getting nothing if bankruptcy is filed. However, this should only be used if bankruptcy is a genuine consideration.
  • 👉 Make a realistic offer: There's a limit to how long negotiations will continue. Unrealistically low offers may not be taken seriously and could end negotiations. It's important to strike a balance between not offering too much too soon, which leaves little room for negotiation, and not offering so little that the other party loses interest in negotiating.
  • 👉 Be ready for a counteroffer: Typically, the party initiating settlement discussions makes an initial offer that's more favorable to them than what they are actually willing to accept. For example, a plaintiff (creditor) will ask for more money than they actually expect to receive, and a defendant (debtor) will offer less than they're prepared to pay. This leads to a series of counteroffers, and the debt settlement process can involve several rounds of negotiation.

Watch the video below to learn more.

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

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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