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How to Negotiate With MGM Debt Collectors

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: If you're being sued by MGM Collections, you'll need a strong defense. Find out how you can stand up for yourself and win your debt collection lawsuit!

MGM Collections, also known as MGM Capital Management, is a debt collection agency located in Temecula, California. Specializing in medical debt collection, they also go after other consumer debt as well. MGM Collections is often found on credit reports as a collections account. Whether you forgot to pay a bill, or you didn't know the bill existed in the first place, your account was sent to this debt collector to collect.

Don't let debt collectors take it all. Respond with SoloSuit and win your case.

Settle debt with MGM Collections.

You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.

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Remove MGM Collection from your credit report

Collections can hurt your credit score. They remain on your credit report for up to seven years, even if you pay it. This means that any time you have an account go to collections your score might go lower. This is why it is essential to know your rights and how to resolve an MGM Collections case in court for debt before it is too late.

Respond to a debt lawsuit

The first step when it comes to a debt collection lawsuit is to respond. This is essential because if you do not respond, a default judgment will be entered against you. If you cannot pay the debt you should still respond. Default judgments allow the debt collector to garnish your wages or pull money directly from your account. They can also add attorney's fees and interest to the balance to make matters worse. This can as much as triple the overall costs.

To respond, you must draft and file an Answer into the case.

Draft an Answer, and file it into your debt lawsuit

Once a lawsuit is filed, the collection agency or creditor will be known as the plaintiff. At this point, the matter will go before the court and you can no longer respond by phone. Instead, you will be required to send a legal “Answer.” This should never admit any liability for the debt. You want to attempt to force the creditor to prove the debt, as well as your responsibility for it. Next, an answer should be filed with the Clerk of Court, and you should ask for a stamped copy. This is so that you can then send the copy certified mail to the plaintiff (debt collector).

Avoid a summary judgment against you. File a response with SoloSuit in 15 minutes.

When should I respond?

You must respond within the period set by the lawsuit. This is typically anywhere from 20 to 30 days from the date on the notice. If you miss this you will then suffer the same consequences as ignoring the summons completely. Once a judgment is entered it can be difficult or impossible to dispute the debt from that point on.

Challenge the right to sue

One of the best ways to respond to a debt lawsuit is to challenge the right to sue. At this point, the debt has typically be sold many times, but at least more than once. MGM Collections will need to prove that they legally own the debt and have the right to sue you for the process to continue.

If you do not respond a judge will not look to find this information on their own. Your silence however will seem like an admission of guilt for the debt. This is why you must send your answer and then challenge their right to sue by asking for proof.

Examples of Proof

  • That you are responsible for the debt
  • That they have the right to sue you
  • That you owe a specific amount

This can be done by showing that the balance was increased when you made purchases, or that it increased through fees. Other examples include a credit agreement that you signed, or the documentation of the chain of custody of all paperwork. This shows that the paperwork is accurate and came from the original creditor.

Ask for proof of the debt

Your account has most often changed hands many times before the lawsuit began. This is not uncommon and can result in a dismissal of the lawsuit or for the ability to settle for a lower price.

Make the right defense the right way with SoloSuit.

The Statute of Limitations Can End Your Case

If your debt is years old, the statutes of limitations might save you and end your case. The statute of limitations is a set of laws that governs how long creditors can sue you in court for debt. Each state has different laws when it comes to various types of debt. In some states, it can be four years, while in others it can be six, two, or even twenty. These laws protect you as a consumer but you need to be aware of how long your debt has been active.

Typically this period starts on the last day that you were active on the account. Activity is considered making a payment or drawing funds from an account. It might be the last time you used your credit card or pulled funds from a loan.

Filing a Countersuit

Any debt collectors that violate the Fair Debt Collection Practices Act will be required to pay for both your legal fees and any damages. This should only be a step to take in cases of serious violations, but it is something to consider. Typically this will also provide you compensation for any related damages as well.

Use SoloSuit to resolve debt outside of court.

File bankruptcy as a last resort

If you owe a debt and are also suffering from other forms of debt or financial distress, then bankruptcy might be a good option. When this occurs, an automatic stay also occurs. This means that your debts can no longer be collected. Despite this seeming like a good option, it will have huge ramifications on your financial status.

In some cases, this can be a step in the right direction toward a clean slate, but in other situations, it will follow you and make it difficult to make financial decisions. Regardless, whatever decision you make will need to be based upon your unique situation.

Use these tips to negotiate with MGM debt collectors

We asked a lawyer for some tips on how to negotiate with MGM debt collectors to settle debt for less, and here's what we learned:

  1. Use bankruptcy as leverage. Mentioning the possibility of filing for bankruptcy can be a strong negotiating tactic. Creditors may prefer to settle rather than risk receiving nothing if bankruptcy is filed. However, only use this approach if bankruptcy is a genuine option.
  2. Make a realistic offer. Avoid unrealistic low offers, as they may end negotiations. Aim for a balance by not offering too much too soon but also not so little that the other party loses interest.
  3. Be ready for a counteroffer. Initial offers are often more favorable to the party making them than what they're willing to accept. Expect a series of counteroffers and be prepared for several rounds of negotiation.

To learn more, watch the full interview with attorney Sarah Wolk on how to negotiate with debt collectors and creditors below:

>>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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