How to Beat Second Round Collections in Court

Edited by Hannah Locklear

Calls, letters in the mail, or lawsuits from debt collectors are often things that no one wants to deal with but are typically more common than people think. Millions of Americans deal with debt collection lawsuits each year, but there are ways to defend yourself. Especially if you have felt threatened, you do not need to sit around and just deal with it.

Being served with a lawsuit can be frightening. Your wages, bank accounts, and assets may be at risk. Your first instinct may be to run, but this is why you need to face the lawsuit. If you do not answer then you will be given a default judgment. This is the worst thing that can happen because it means you lose automatically. Here are some ways that you can beat Second Round Collections in court.

Use SoloSuit to make the right affirmative defense and win in court.

Common affirmative defenses to use during a debt collection lawsuit

Although you cannot necessarily use all of the following defenses, they are some of the most common and useful defenses to use in a lawsuit. When responding to a lawsuit, you will need to list your affirmative defense by name and add facts to support your defense.

Statute of limitations

The statute of limitations is the period of time that a debt collector can legally sue you. Although you will still owe the debt, you can no longer have your wages garnished nor your assets possessed. Typically the statute will be from four to six years, but it will depend based on the state you are being sued in and the type of debt.

When you respond in an Answer using the Statute of Limitations as an affirmative defense you should state: “Suit was brought on after the statutory limit has passed.”

This is known as the most powerful affirmative defense you can use.

Lack of standing

Lack of standing is also a powerful defense to use. It essentially means that a debt collector has no right to file a suit against you. This may mean that there is no clear ownership of the debt, or that the debt was never legally assigned to a debt collector. This is common because typically debts have been sold many times before getting to Second Round Collections. Especially when there is no clear paper trail (known as the chain of custody), this is a very good affirmative defense. You are essentially asking for proof that you can be sued.

When you respond in an Answer using Lack of Standing as an affirmative defense you should state: “No legal basis to file suit based on _____.”

Make the right defense the right way with SoloSuit.

Failure to state a claim upon which relief may be granted

In some cases, the debt collector may have no stated statute of the complaint that fails to state sufficient facts. This means that your case is not valid, or has enough of the basis of the claim. You can use this in case you are told that you owe them money, but have not stated any other facts to back it up.

Barring a plaintiff from seeking damages

In some cases, the Plaintiff may admit to purchasing the defaulted debt that is owned by you. This would cause a Plaintiff's injury to its own self. In this case, the “Plaintiff is barred from seeking relief for damages.”

Unclean hands

Similar to what it sounds like, this is an affirmative defense to use if the debt collector is acting dirty. This might include providing fake evidence or producing false witnesses. You should use this defense.

No evidence

If you feel that the Plaintiff's complaint “does not explain that the purported assignment was partial or complete” then there is no evidence of the assignment. This means you can claim the assignment was not bona fide.

Plaintiff is not authorized

In the event you noticed that the debt collector is not acting legally, then you may be able to complain stating that they do not have the “right or license to advertise or solicit”. Whether this is by letter, print, or in person. If they do not have the right to collect or receive payment of a claim for another, then they cannot sue you. This is fair to use if the debt collector is not any of the following:

• Lawyer
• Regular employ on wage or salary
• Common carrier
• Title insurer or abstract company while doing an escrow business
• Licensed real estate broker
• An employee of a licensee

Doctrine of Laches

If you as the defendant invokes the Doctrine of Laches, it means you feel that they waited too long to file the lawsuit. This means that you are stating it has become too difficult, or it is impossible, for you to find a witness or substantial evidence. In the United States, all citizens have the right to a fair trial. Therefore, you are requesting more time to collect evidence because your chance at a proper defense and fair trial has been destroyed.

Use SoloSuit to beat debt collectors in court.

Looking to the future

The most important thing you always need to remember when to comes to debt collection lawsuits is to respond. If you do not respond you will automatically lose your case and be given a default judgment. This is where your wages can be garnished, assets seized, and money taken directly from your bank accounts.

Although not all of these affirmative defenses will work for your case, you can see if they potentially apply to your case. Most of them work in specific situations, but reviewing them may give you some ideas and insight into defenses that you can use. It is essential that you tailor them to your case, and make a strong case against Second Round Debt Collections.

Do your research, put in the work, and always ensure that you show up in court. You never know with whom the judge is going to side, and you may very well beat Second Round Debt Collections in court.

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