How to Beat Provest Law in Court

Edited by Hannah Locklear

If you have been served with a debt lawsuit, your time to send a debt validation letter has expired, and it is time to get serious about defending yourself in a lawsuit. Although you might believe that sending a debt validation letter may pause the court case, or even act as an Answer, this is not the case.

After you are sued by a debt collector, such as Provest Law, you need to get started on your Answer as soon as possible. If you do not answer then you will automatically lose your case and be given a default judgment. This can allow the debt collector to garnish your wages and take money directly from your bank account to satisfy the debt.

Protect your wages from debt collectors. Respond with SoloSuit.

Prepare an answer to the summons and complaint

When you are served with a debt collection lawsuit you will be given a Summons and Complaint. In these papers you want to look for the following:

• When your court date is.
• Certification that you were served.
• Instructions for answering the complaint, this might be a form to fill out.
• Evidence the collection agency is providing. This might include affidavits from the collection agency or documents from your original creditor.
• List of allegations.

The most important thing you can do in a debt collection lawsuit is to send an Answer to the Complaint. This means you need to be aware of the due date and be sure to send it before it is up, which is between 20 to 40 days.

After you find the paperwork that contains the complaint, you will need to reply and state whether or not you agree with being sued for debt. If you want to fight the lawsuit, then you can explain why you feel you should not be sued. Answering the complaint is your best chance at fighting the debt even if you do not answer using legal jargon. Be sure to reply within the allotted time or you will automatically lose the case and have a judgment placed against you.

Don't let debt collectors push you around. Use SoloSuit to file a response fast.

How to use affirmative defenses

Affirmative defenses are legal reasons why you believe that the complaint should be thrown out of court. These affirmative defenses should be listed at the bottom of your answer after you respond to the allegations. Some of these affirmative defenses include:

• Failed to state the basis of the lawsuit: If this affirmative defense you are stating that the debt collector did not cite a law that was violated meaning there is not a legal reason to sue you.
• Debt is time-barred: This means that the statute of limitations has passed. The statute of limitations governs how long you can legally be sued for debt. This may range anywhere from two to 20 years, but on average is anywhere from four to six.
• Plaintiff lacks legal standing: If the plaintiff has failed to provide legal evidence that they own and can legally collect your debt, they lack legal standing. This typically occurs when the debt collector cannot prove they purchased or were assigned the debt.

Filing your answer with the court

After you have created your Answer, it needs to be filed with the right people. This means you need to send a copy of your filed answer to the courts, as well as the lawyer listed in the complaint. Sometimes you might be sued by a lawyer who is collecting on behalf of a debt collector, or you may be sued by a lawyer who has purchased your debt. Be sure to send this within the time frame of your Answer and by registered mail to ensure you know when it arrives. You can also take them directly to the court and file them with the clerk of court.

Make the right defense with SoloSuit and beat creditors in court.

Requests for discovery

In some instances, you may need to file a counter-suit along with your answer. This happens when you feel that the debt collector has violated the FDCPA. You can also ask for a “discovery” which is a request for disclosure of information and documents. This needs to be sent with your Answer. Because this is not the case in every court, you will need to find out what the rules are where you are being sued.

Most courts have online instructions and information so that you can understand what will be expected of you during your debt collection lawsuit. Be sure to read these instructions and know what to expect for your case.

Evidence included in the summons and complaint

When it comes to your summons and complaint often you may be given exhibits, which are documents that are essentially evidence. These might be credit card agreements or affidavits of debt. Most often you can object to this evidence and get it thrown out because it is considered “hearsay”. (Especially if you have digitally signed). If you can get this evidence thrown out, then there will be no evidence to prove the case against you. This means you will beat Provest Law in court.

Respond to debt collectors in 15 minutes and win your case with SoloSuit.

Tips for filing your answer

Most often everything will go through the mail when it comes to your debt collection lawsuit. This means you will not need to go in to file your Answer. Instead, everything should be sent through certified mail, with a return receipt requested. One should go to the court, and the other to the lawyer (in this case, Provest Law). You should also send a self-addressed stamped envelope and one extra copy. In case you make a mistake this can save you in your response to avoid a default judgment.

Being sued for debt is never a good situation, but you can save yourself from being served a default judgment, simply by responding. This will save you from wage garnishment and will keep your assets protected. Whatever you do, never admit fault for the debt, and always ask the debt collector to prove your responsibility for the debt, and their right to sue.

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.

>>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

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri

Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah; File a Motion to Satisfy Judgment Vermont Virginia Washington West Virginia Wisconsin Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• RSIEH
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review