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How to Settle a Javitch Block Debt Lawsuit

George Simons | August 07, 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: If you've been sued by Javitch Block, you can settle outside of court with these steps: file an Answer, make an offer to settle, and get the agreement in writing.

If you've fallen behind on your financial obligations (examples: credit card payments, student loan payments, mortgage payments, etc.), there is a high probability that one or more creditors will turn your delinquent account, or accounts, over to a debt collection law firm like Javitch Block. There is also the scenario where you are contacted by Javitch Block and are being pursued for an alleged debt that you do not actually owe. Unfortunately, it is quite common for debt collection companies to sue the wrong person on a delinquent account. This is because some accounts are packaged, sold and resold to the point where basic account information gets lost or mixed up.

Lucky for you, debt law firms like Javitch Block LLC are willing to negotiate to settle a debt. In this guide, we'll explain the steps you should take to settle a Javitch Block debt lawsuit.

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Who is Javitch Block and why are they suing me?

If you were contacted by Javitch Block, or were served with a collection lawsuit by a representative with Javitch Block, you may be asking yourself, “Who is Javitch Block? I never purchased an item from them and do not have an account with them.”

It is quite common for a consumer not to recognize the name of a debt collector since the debt collector likely purchased an account from a third party creditor like a bank or other financial institution.

Javitch Block LLC is a debt law firm based in Ohio, so it's not your typical debt collector. Since Javitch Block is a law firm, they will be representing a debt collector or creditor, so technically it isn't Javitch Block that's suing, but they are representing the pary that is suing.

The firm exclusively practices third-party debt collection on behalf of various collectors and creditors. It has structured its legal practice with two primary divisions. One division oversees debt collections while the other division oversees subrogation cases. Subrogation is basically insurance recovery.

Regarding its debt collection practice, Javitch Block states on its website that it handles an array of different types of debts, including delinquent credit card accounts, delinquent installment loans, delinquent student loans, and so forth.

Javitch Block files hundreds of lawsuits against consumers each year. It can handle such a high volume of lawsuits because the firm is comprised of attorneys who represent creditors in court.

How to settle a Javitch Block debt collection lawsuit

A debt collection lawsuit is initiated when a debt law firm like Javitch Block files a Complaint alleging that you owe a specific amount of money. When you receive the Complaint, you are presented with the opportunity to file an “Answer” where you can refute the allegations in the Complaint, along with highlighting any deficiencies in the lawsuit.

Here are the three steps you should take to settle your debt lawsuit if you're being sued by Javitch Block.

  1. File a written Answer into the case.
  2. Make an offer to settle the debt.
  3. Ask Javitch Block to send you a debt settlement agreement in writing.

Let's break down each step.

Step One: File a written Answer into the case.

Even if you plan to settle the debt and pay some of it off, it's important to file an Answer into your case to prevent a default judgment.

Keep in mind, when you are sued by a debt collection company, they have the legal burden of establishing that you are in fact responsible for the debt purportedly owed. As a result, you should demand that Javitch Block produce evidence (e.g., documents) that show the following:

  • You are the person in fact responsible for repaying the alleged debt;
  • Javitch Block possesses the legal right to sue you for this debt; and
  • You owe the specific amount listed in the Complaint

Requesting the debt collector to produce evidence to establish these basic facts is important because it is fairly common for debt collectors to sue the wrong person.

SoloSuit helps you make the right defense the right way.

Another affirmative defense that could enable you to prevail in the lawsuit is the expiration of the statute of limitations. Basically, the statute of limitations is a fancy legal term meaning the amount of time afforded to a plaintiff to file a lawsuit against a defendant. If the facts of your case indicate that Javitch Block filed their collection lawsuit after the expiration of the statute of limitations, you could file a motion to have the lawsuit dismissed.

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Once you've filed an Answer into the case and sent a copy to Javitch Block, you're ready to make an offer.

Step Two: Make an offer to settle the debt

To make an offer to settle, you should contact Javitch Block. You can call, send a letter, or email. A common question for consumers is "how much should I offer to settle my debt?" The answer isn't simple, because the details of your case will greatly affect how much the creditor or debt collector will accept. Javitch Block, in a sense, acts as the middleman during negotiations.

To learn more about what percentage of a debt is typically accepted in a settlement, we asked a consumer rights attorney, who explained that it ranges from 40–60%, although it can go as little as 10% or high as 80%.

Some factors that influence how much you can settle for are:

  • If you actually owe the debt.
  • If the debt was purchased by a debt buyer.
  • The statute of limitations on the debt.
  • How big the debt is.
  • Your current financial situation.

So, you should start with an offer somewhere below 50% of the total debt. This will give you room to negotiate if Javitch Block counteroffers. Don't offer as low as 10-20%, because most collectors won't take such a small offer seriously.

Step Three: Ask Javitch Block to send you a debt settlement agreement in writing

A debt settlement agreement means nothing if you don't have an official agreement signed and filed in the court. This will ensure that you don't get bothered about the same debt again in the future. Typically, Javitch Block will draft a debt settlement agreement for you, and it's your job to review the agreement before signing.

Below is a list of potential points that the agreement should include:

  • Name of the original creditor and collection agency
  • Date of agreement
  • Your name and account number
  • Settlement amount
  • Payment plan details (dates and additional terms of agreement)
  • A statement declaring the case will be dismissed upon fulfillment of the agreement.
  • A statement declaring the debt will be marked as settled on your credit report.

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Make an Offer

Read Javitch Block reviews and complaints before reaching out

Javitch Block LLC has received some negative reviews on its Google business profile, and hundred of consumers have submitted complaints against Javitch Block on the Better Business Bureau and the Consumer Financial Protection Bureau.

In these reviews and complaints, consumers reported receiving phone calls from the fime early in the morning and late in the evening. Consumers also reported flagrant privacy violations where Javitch Block inappropriately shared personal information of account holders or made false or misleading statements when attempting to collect on debts.

So, before you take action on your account, consider these Javitch Block reviews and complaints and learn about your rights when dealing with debt collections.

You have legal rights and protections when contacted by a debt collector

Being contacted by a debt collector like Javitch Block can be stressful and intimidating. The unfortunate reality is that many debt collectors want you to feel this way and will persistently contact you to the point of harassment. Please take note that you do not have to put up with this harassment. You have legal rights and protections under the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that established limitations on how debt collection agencies can contact consumers and how they can treat consumers. The FDCPA established that debt collectors may not engage in the following actions and collection efforts:

  • Calling you prior to 8:00 a.m. and/or after 9:00 p.m. in your time zone.
  • Calling you at work.
  • Calling and refusing to leave a voice message.
  • Presenting themselves as anything but a debt collector trying to collect a debt.
  • Swearing, yelling, or levying threats against you.

In addition to the FDCPA, you also have legal protections under the Fair Credit Reporting Act (FCRA). The FCRA is a federal law that created a set of regulations governing how collection agencies and creditors report delinquent debts to credit reporting agencies lik Equifax, TransUnion, and Experian. Other important consumer protection statutes passed by Congress include the Telephone Consumer Protection Act and the Consumer Financial Protection Act.

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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. (We can help you in all 50 states.)

If you need help in effectively responding to a debt collection lawsuit, including a lawsuit filed by Javitch Block, consider utilizing the services available through SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.

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Here's an overview of what to do if sued by Javitch Block

Here is an overview of what you need to do if you are taken to court by Javitch Block:

  • Do not admit liability for the alleged debt since the burden is on the debt collector to establish that you in fact are responsible for the amount owed.
  • Be sure you file your Answer to the Complaint within the time period provided by the Court. For example, in many debt collection lawsuits, you usually have between 20 to 30 days to file your Answer.
  • In your Answer, make sure to raise any applicable affirmative defenses (e.g., the statute of limitations) and demand that the debt collection company prove that you are responsible for the specific amount owed. These are examples of the types of strategies you can use to defeat Javitch Block in court.
  • Make an offer to settle the debt. Start somewhere below 50% of the debt amount and negotiate with Javitch Block until you reach. anagreement.
  • Ensure Javitch Block sends you a debt settlement agreement in writing and files it with the court.

Best of Luck!

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