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How to Settle Debt With Moxley and Associates

George Simons | July 31, 2024

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: Draft and file an Answer to your debt lawsuit to buy yourself time to negotiate debt settlement with Moxley and Associates. Make an offer to settle and be ready to negotiate. Once you reach an agreement, get it in writing.

When you are past due on your debts you may find that your debt has changed hands multiples times. This is because your debt is often sold or assigned to a third-party debt collection agency, such as Moxley and Associates (formerly known as Holloway & Moxley). In this case, Moxley & Associates will attempt to collect the debt from you. In extreme cases, you may find yourself being sued. If you are unsure of what to do in this situation, there are a few steps to can take to ensure that you are in compliance with the law and to avoid making matters worse.

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What to do when being sued by Moxley and Associates

When you are being sued for a debt you will need to go through a specific set of processes in order to beat the debt collector. This will be time-consuming, but it is possible.

The timeline for each debt lawsuit will be different, but it should somewhat go along the following lines.

  1. Receive notice of the debt. This may be a call or a letter 180 days past due.
  2. Within five days of contacting you, you must be given a debt validation letter. This states how much you owe on the debt, the name of the creditor, and the method of disputing the debt if you do not believe you should pay it.
  3. If you do not owe the debt you should ask for a verification letter. This must be sent within 30 days.
  4. If you do owe the debt you must respond and create a plan to pay off the debt.
  5. If you do not respond you will be sued.
  6. You must respond to your court summons.
  7. If you do not respond a default judgment or court order will be placed against you. This is very bad and can mean that your wages will be garnished or a lien will be placed against your property.

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Respond to the lawsuit

After verifying that the debt is legitimate, you will want to ensure that you respond. This is essential to avoid losing complete control of your case. Although you might be scared to be part of a debt lawsuit, ignoring it will not change the outcome.

Responding ensures that a default judgment will not be placed against you. This is important because a default judgment is what opens up avenues of collection for the debt collector including wage garnishment and property seizure.

Challenge the lawsuit

Because debt collectors are often third-party agencies, there is a lot of opportunities to challenge the lawsuit if you feel the debt is not legitimate. This could be for one of the following reasons:

  • You are the wrong person being sued: This is common for people with similar names.
  • You already paid the debt previously: In some cases, your information may be wrongly sold which means you may have already paid off the debt.
  • The debt amount is incorrect: Even if you owe the debt, the amount may be incorrect. This is why you need to look into it to ensure that the amount is correct
  • The statute of limitations has passed: The statute of limitations is the amount of time that a debt collector can collect the debt from you. This may be from three to 20 years and it will depend on where you are being sued as well as the type of debt you are being sued for.

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What to do if you disagree with the lawsuit

If you're being sued for debt and you disagree with the lawsuit then you will need to file a response stating that. This will give you the chance to fight the lawsuit. You should bring documentation to show:

  • Name of the creditor
  • If the debt has been paid
  • If the debt is accurate
  • If the debt is past the statute of limitations
  • If the debt collector has violated the FDCPA

What is the FDCPA?

If your rights have been violated by a debt collector, then they have violated the Fair Debt Collection Practices Act. The FDCPA is a set of rules that govern how debt collectors may treat consumers. These rules mean that debt collectors may not:

  • Contact you at odd hours, such as outside the hours of 8 a.m. to 9 p.m.
  • Engage in harassment such as profanity or threatening harm.
  • Partake in unfair practices. This might include threatening to take your property when they do not have the legal right or depositing a post-dated check early.
  • Contact you once after you are represented by an attorney.
  • Make fraudulent claims, stating you owe more than you do or misrepresenting who they are.

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Decide if you want to accept the lawsuit

There are a few choices you have when you are dealing with a debt lawsuit. You can either decide to accept the judgment and go to court, accept the judgment and avoid court, settle, or see if you are judgment proof, or file for bankruptcy.

If you want to accept the judgment but want to avoid court, you may be able to negotiate a settlement. This means that you can try to pay off the debt either on a payment plan or for less than the amount you originally agreed to. Another option is to see if you are judgment proof. This means that you make below a certain amount of money per month, meaning your wages cannot be garnished.

If you have other financial problems as well and you feel that your debt is so significant that you cannot manage it, you may look into filing for bankruptcy. This should only be a last resort option, but it is an option. In some cases simply threatening to file for bankruptcy can also help you. You do not need to file, but it can help you to negotiate a settlement instead.

Settle debt with Moxley and Associates in 3 steps

If you're being sued for debt by Moxley and Associates, they probably represent the original creditor or debt collection agency that you owe the money to. Even if you've been sued, it isn't too late to resolve the debt. Follow these three steps to settle debt with Moxely and Associates:

  1. Respond to the lawsuit. Draft and file a written Answer to the lawsuit. File it with the court and send a copy to Moxley and Associates. Even if you want to settle the deby and pay at least a portion of it off, filing the Answer will protect you from a default judgment and give you the time you need to negotiate the settlement.
  2. Make a realistic offer to start negotiations. "Realistic" looks different for everyone. Consider your monthly income vs monthly expenses and other debts owed. Don't make an offer that is too low. For example, if you owe $10,000 and offer to settle for $100, Moxley and Associates won't take you seriously. Make a good faith offer to start the negotiation process, and be ready to receive a counteroffer.
  3. Get everything in writing. After a few rounds of negotiations, you should come to an agreement. At this stage of the process, ask Moxley and Associates to draft a debt settlement agreement outlining the terms and conditions of the settlement. Ensure that the agreement is filed with the court.

Use technology to settle your debt.

Watch the following video to learn more about these three steps and how to settle your debt.

What is Moxley and Associates?

Moxley and Associates LLC is a debt collection law firm that used to be called Holloway & Moxley. Based in Montgomery, AL, Moxley & Associates is comprised of a team of multiple lawyers who specialize in collections, landlord-tenant law, and creditor rights in bankruptcy.

Moxley and Associates is a legit debt collector, but note that it is specifically a law firm that represents debt collectors and creditors. Even though Moxley and Associates is real, it is not accredited by the BBB.

Contact Moxley and Associates

Ready to contact Moxley and Associates to settle your debt? Here's the firm's contact information:

  • Address: 556 S Perry St, Montgomery, AL 36104-4616
    • Mailing Address: PO Box 4953, Montgomery, AL 36103-4953
  • Phone: 866-996-3277 or 334-834-9689
    •

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>>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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