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Sued by MSW Capital LLC? How to Settle Your Debt

George Simons | January 17, 2025

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’re facing MSW Capital LLC about an old debt, don’t stress. You have rights and options for navigating this situation, and Solo will help you find the best resolution.

If MSW Capital LLC has contacted you about an unpaid debt or you have been served with a debt collection lawsuit by this agency, do not throw your hands up in despair. You have certain legal rights and protections when being contacted by a debt collector or when sued by a debt collector in court.

Settle debt with MSW Capital LLC

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

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Who Is MSW Capital LLC?

MSW Capital LLC is a third-party buyer of defaulted debt. The agency purchases defaulted debts and initiates follow-up with debtors in an effort to collect what is owed. It files hundreds of lawsuits a year.

If you receive a lawsuit from MSW Capital LLC, do not ignore it. If you do, you will automatically allow the case to be decided in favor of the agency. This article helps you discover how you can defend yourself in court against MSW Capital LLC.

MSW Capital LLC has been listed as a “financial planning consultant” by the Better Business Bureau since 2009. The company is not accredited by the BBB, and they’ve received a “D” rating.

Who does MSW Capital LLC collect for?

MSW Capital LLC is a debt buyer, meaning they purchase debts from other creditors, typically for pennies on the dollar. The purchase debts that have been charged off by the original lenders and then attempt to collect the full amount owed. You may need to send a Debt Validation Letter to MSW Capital LLC to determine who owned the original debt.

MSW Capital LLC secures court orders on unpaid debts and hires other debt collection law firms to enforce them.

Most debt collection firms use aggressive debt collection tactics, but if you know your rights under the Fair Debt Collection Practices Act (FDCPA), it’s possible to resolve the debt amicably.

What to do if you are sued by MSW Capital LLC

We've covered a lot here, but here's a quick overview of what to do if you get sued by MSW Capital LLC:

  • Take careful notes when you receive phone calls before 8:00 am or after 9:00 pm. Debt collectors are prohibited from calling you before or after regular business hours. They also cannot call you at work or use foul language.
  • Be sure to file an Answer to the debt collection lawsuit within the proper time frame.
  • In the Answer, you should consider raising at least one affirmative defense, such as the company violating the FDCPA. Also, demand that MSW Capital LLC prove that you owe the amount they say. They also need to prove you are the person who owes the debt.

Submitting an Answer is just the beginning of your involvement in a debt collection lawsuit. It’s essential to stay proactive by monitoring the progress of the lawsuit, addressing any requests from the court in a timely manner, and preparing for any scheduled hearings. This ongoing engagement can help you navigate the legal process and protect your interests.

Settle a debt with MSW Capital LLC.

Whether you’ve received a Summons and Complaint letting you know MSW Capital has sued you or they’ve just initiated contact, you can opt to attempt to settle the debt. Follow these simple steps to initiate settlement negotiations.

  1. Take a hard look at your finances and determine the maximum you can offer to settle the debt. Make your initial offer smaller than the maximum so you have room to negotiate if the debt collector sends a counteroffer.
  2. Contact the creditor to initiate settlement negotiations. MSW Capital LLC may be willing to settle the debt for less than you owe to avoid the trouble of a lawsuit.
  3. Get any settlement agreement in writing before you pay the debt.

These are effective methods for how to beat MSW Capital LLC in court. But if the thought of negotiating with a debt collector like MSW Capital intimidates you, try using SoloSettle and make the debt settlement process simpler.

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To learn more about how to settle your debt, watch the following video:

Use the FDCPA to hold MSW Capital LLC accountable

The FDCPA rules are just as important as any other debt collection statute. If your debt collector violates any of these rules, you can build up a case against them to claim victory in court. Here is what you need to know about FDCPA rules and how to use them to your advantage.

Get every communication in writing.

Many debt collection agencies misrepresent information to try to persuade debtors to honor their debts. Given that MSW Capital LLC is a passive debt buyer who outsources the debts they purchase to other debt collectors and law firms, it is crucial that you document everything.

Some claims are often made through a phone call.

As a result, it is difficult for a debtor or court to hold debt collectors accountable for undocumented claims. You must request the collection company to make every claim in writing. FDCPA requires that official communication from the debt collectors be done through the U.S. mail system.

You have a right to ask MSW Capital to mail you an official communication. If they ignore the request, you may be able to defend yourself in court, citing their lack of response.

Make the right defense the right way with SoloSuit.

Ask MSW Capital to provide proof of debt.

MSW Capital buys charged-off debts. In the transition from the original debtor to MSW Capital and then to whatever debt collector they contract with, they may lose track of important details of the debt. You may challenge MSW Capital to disclose more information, such as the original creditor, the amount owed, the procedure for disputing the debt, and proof that the debt has not been cleared.

Send a Debt Validation Letter as soon as MSW Capital contacts you about an old debt. Requesting debt validation forces the debt collector to provide you with detailed information about the debt.

You can dispute the debt claims if they do not provide those details within 30 days. MSW Capital LLC cannot pursue your case and use any debt collection tactics against you until they provide the requested information.

If they ignore your request and go ahead with filing a lawsuit, you can file a small claim action against them in a state court. You will need to provide the following evidence for your case:

  • A mailed letter to MSW Capital LLC requesting the information
  • Proof that the letter was delivered to MSW Capital and received
  • Failure by MSW Capital to provide the information within the stipulated 30 days

Consumer rights under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) is a federal law that establishes what debt collectors can and cannot do in their efforts to recover a debt. For example, the FDCPA states that debt collectors are not allowed to harass debtors or use any unfair means to collect their debt. Banned practices include:

  • Making calls to you while at work if your employer does not allow calls during working hours
  • Making calls to you at odd hours
  • Talking to another person other than your lawyer or spouse about your debt
  • Threatening to arrest you if you fail to pay the debt
  • Threatening to seize your property if you fail to pay unless they have a warrant
  • Using obscene language and threats against you
  • Stating a different amount of the debt other than what you owe
  • Making any false allegations about the debt

If MSW Capital violates any of these guidelines, you can use it as evidence in your defense in court within one year. The violation does not count as evidence after one year.

Use SoloSuit to respond to debt collection lawsuits in 15 minutes.

The statute of limitations can work in your defense

The statute of limitations is the period within which a creditor can file a lawsuit for defaulted debt payment. When this time elapses, the debt collectors are not allowed to file any lawsuits regarding the debt.

Each state in the US has a unique statute of limitations on debt that differ by type of debt and agreement (whether in writing or verbal).

The statute of limitation period starts to count from the date a debtor defaults payment. If you decide to make a late payment of the debt or pay after pleading guilty in a lawsuit, the statute of limitation period starts over.

The debt becomes time-barred once the statutory period expires. Even if you know that your debt is time-barred and you can prove it, you should still respond to a lawsuit from MSW Capital LLC with an Answer to protect you from a default judgment.

You will then use evidence of time-barred debt as your defense. If your debt is deemed as time-barred, you can make one of the following two choices:

  • Enter a debt settlement agreement with MSW Capital if you wish to be clear of debts
  • Pay nothing at all. However, MSC Capital can continue to pursue you for the debt until you stop them by sending them a letter to end the process.

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