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.
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.
Debt collectors ^
Summary: Is a debt collector threatening you with a warrant over an old debt? Wondering if they can even do that? Not sure how you're going to win the fight? Learn how to respond to debt collectors and win your case.
Debt collectors are known for their extreme tactics of pursuing delinquent borrowers, but there are limits to how far they can go. Firstly, debt collectors cannot issue a warrant for your arrest or have you jailed because of a debt. Secondly, you cannot go to prison for an unpaid debt.
However, a debt collector can sue you for unpaid debt and serve you the summons. Depending on the case, the judge can issue a warrant for your arrest if you fail to appear in court. You can also go to jail for failure to honor your tax obligation or child support. Therefore, it is always the right thing to respond to a court order.
This article explains what debt collectors can or cannot do during debt collection processes.
Debt collectors cannot claim to be a government agency worker
A debt collector cannot pretend to work for a government agency, such as consumer reporting or law enforcement agencies. Many debt collectors tend to threaten borrowers with claims that they can be arrested for failure to pay their debts and may even claim to work for agencies responsible for enforcing such laws.
However, they are not supposed to falsely claim that you have committed a crime by not paying your debt on time or threaten to arrest you. Such claims would be considered illegal, and you have a right to sue them in court.
Debt collectors cannot shame you in public
Your debt and what you owe a creditor is a private matter, and a debt collector should keep it that way during the collection process. Therefore, debt collectors can't publicly publish the borrowers' names or any information about the debt. They also can't discuss the debt with any other person other than the borrower (you).
If the debt collector has difficulty finding you, they can contact people who know you only to seek your contact information, such as your phone number and address. They can't, however, call you during odd hours.
Debt collectors cannot collect money you do not owe
Many debt collectors rely on information about a debt they may have bought from a creditor to pursue the borrower. Sometimes, they may unknowingly use information that is not updated to collect the money.
Sometimes, mistakes happen as the debt changes hands among different collecting agencies, leading to missing information or wrong entries. If you have been served with a lawsuit for a wrongly recorded debt, or you believe it is not yours, SoloSuit can help you file your Answer correctly.
Debt collectors can be aggressive when collecting debts from borrowers. However, you can stop them from going overboard with their tactics, as required by the Fair Debt Collection Practices Act (FDCPA). The law does not permit debt collectors to:
Be violent against borrowers.
Call you repeatedly in a day.
Use profanity during their communication.
Call you instead of your attorney if you communicated to them in writing about contacting your attorney.
Call you at work or during working hours if you communicated to them in writing.
If you stop a debt collector from contacting you through legal means, they can do it one last time to let you know that they would no longer be contacting you. They can also contact you again to inform you of court summons if they decide to file a lawsuit.
It is always best to respond to a debt collector's first communication with you to prevent them from being too aggressive trying to reach you. At the same time, bear in mind the limits set by the FDCPA to protect you from bad debt collection practices.
Debt collectors are legally prohibited from utilizing harassment, embarrassment and other questionable tactics to collect on a debt. If you are being subjected to harassing behavior by a debt collector, you may have legal grounds to file a civil action against the debt collector, and their company, to obtain monetary damages.
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.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
And 50% of our customers' cases have been dismissed in the past.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather