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How to Resolve Debt With Malcolm S. Gerald and Associates

Chloe Meltzer | August 05, 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: Is Malcolm S. Gerald and Associates taking you to court over a delinquent account? Find out how you can win.

Being called by a debt collector is one of the most uncomfortable and stressful things that can occur to a consumer. When these calls progress often they can result in a lawsuit. Lawsuits for debt are incredibly common. More than 70 million Americans have dealt with debt collectors, and many of these people have felt threatened by these agencies. This is because collection agencies often use language that can be scary. In some cases you might even be threatened to have your wages and bank accounts garnished, or assets taken from you.

Many consumers simply hope it will go away, but this is not common. It is essential to understand who you are dealing with and the situation at hand. Then you can understand what actions you need to take, and your ability to fight the lawsuit as well.

Who is Malcolm S. Gerald and Associates?

Malcolm S. Gerald and Associates, Inc. is a collection agency. The head office is in Chicago, Illinois and has been collecting debts from consumer for decades. It is important to be aware of the fact that Malcolm S. Gerald and Associates, Inc. has been sued for breaking FDCPA guidelines various times. Malcolm S. Gerald and Associates is a legit debt collection law firm, even though it is not accredited by the Better Business Bureau. The firms has received several complaints submitted to the Consumer Financial Protection Bureau regarding some of its collection practices.

Don't let debt collectors intimidate you. File a response with SoloSuit.

Resolve debt with Malcolm S. Gerald and Associates before your court date

All debt collectors must adhere to a set of laws that govern the way they may treat you as a consumer. If you decide to hire an attorney, they must stop contacting you. You can send a cease and desist letter as well. If the harassment continues then you can countersue. If you win, then you may be awarded up to $1,000 per FDCPA violation. You may also sue for damages, court costs, and attorney's fees.

Despite this, there is a set of tasks you should go through in order to respond, prevent a default judgment, and settle the debt with Malcolm S. Gerald and Associates outside of court.

Respond to the lawsuit

The number one mistake that many consumers make is not responding to the notice of being sued. If you've been sued for debt, you will received court documents called the summons and complaint that notify you of the case. It's your responsibility to file an Answer with the court and send a copy of it to Malcolm S. Gerald and Associates to prevent a default judgment against you. If you cannot pay for the debt, then you might assume that there is nothing you can do. This is not the case. Responding can help you stop a judgment and its consequences, like wage garnishment, even if you cannot pay of the debt in full. Consider negotiating debt settlement to clear your name of the debt, improve your credit, and avoid a judgment in the case.

If you fail to respond to a debt collection lawsuit, then you will be given a default judgment placed against you. This is a very bad situation, as it opens up new avenues of collection for the debt collector. After a default judgment is obtained the debt collector may garnish your wages, take money from your bank account, or even come after you for fees, court costs, or interest to the balance.

File an Answer

This should be filed within 20 to 30 days from the date on the notice. Missing the deadline essentially means that you are ignoring the summons. This is why you must draft and file an Answer to the debt lawsuit.

After the lawsuit is filed, then the matter will go before the court. Once this occurs it means you can no longer respond via phone or letter. At this point, you must file your legal “Answer”. Be sure not to admit liability for the debt in your answer because this can be used as evidence. Instead, force the creditor to prove your responsibility for it.

Next, you should file this Answer with the Clerk of Court, and ensure you obtain a stamped copy. Then you can send the stamped copy certified mail to the plaintiff.

Draft and file an Answer with SoloSuit.

Challenge the right to sue

Another way that you can respond to a debt lawsuit is to challenge the legal right to sue. The reason you might want to do this is that by the time a debt reaches this point, it has been sold one or more times.

Whoever owns the debt should have proof that they can legally sue you for that debt. The debt collector must prove that they have a credit agreement signed by you, as well as documentation of the chain of custody of all paperwork. Essentially, this is proof that the paperwork is accurate.

If you do not respond, then the judge may not be aware of this information. If you are silent on the matter, it will be an admission of responsibility for the debt. If you ask for documentation, then you most likely will have your request accepted.

Ask for Burden of Proof

The company suing you for debt must prove three things:

  1. That you are responsible for the debt
  2. That they have the right to sue you
  3. That you owe a specific amount

Requiring proof of how much you owe is one of the best ways to defend yourself from a collection lawsuit. This is because accounts often change hands many times. In many cases, the creditor may not be able to come up with the proof of your lawsuit.

Point to the statute of limitations

The statute of limitations is a set of laws that governs how long creditors have to bring a lawsuit to the court regarding a debt. These rules govern how long you can be sued. It is different in every state but is typically between four and six years. The statute of limitations starts on the last day you were active on an account. This could mean:

  • Making a payment
  • Drawing funds from an account
  • Making a purchase

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Don't wait; take action

Deciding what to do in terms of a debt lawsuit can be difficult. In some cases, you might want to file a countersuit if Malcolm S. Gerald and Associates crossed the line and overstepped FDCPA regulations. In other cases, you may decide to simply fight the lawsuit, but at the last resort, you may decide to file for bankruptcy. Whichever you decide to do, always attempt to resolve it and ask for proof of your debt lawsuit. You never know what information Malcolm S. Gerald and Associates has, and what countersuits you may be able to file.

Settle debt with Malcolm S. Gerald and Associates

In most cases, settling the debt is the best move. Debt settlement allows you to save money but also resolve the lawsuit and clear your name of the debt. Malcolm S. Gerald and Associates can help you settle the debt and will negotiate with you as a middleman for whatever creditor or debt collector the firm is representing.

We wanted to learn more about how to settle debt with Malcolm S. Gerald and Associates, so we asked an attorney for some advice. Here's what we learned:

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