Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.
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.
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 sued by P&B Capital, respond promptly to avoid a default judgment. Negotiate a debt settlement or assert
your rights under the FDCPA to resolve issues.
If you are being sued in court for debt, it is essential you know what you are dealing with, and how to handle the
case. Debt lawsuits can be expensive, and if you do not answer in a timely manner this can open up other avenues for
debt collection, such as wage garnishment and taking funds directly from your account.
If you have noticed a debt collection lawsuit from P and B Capital Group, you may wonder if this is a legitimate
company and how to respond. Here's everything you need to know about P and B Capital Group and how you can take
proactive steps to resolve your debt issue, including negotiating a debt settlement.
Settle debt with P&B Capital Group
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
P&B Capital Group, LLC (P&B) is a third-party collection agency based in New York. Although P and B is a legitimate
company. If you have been contacted by P&B, it is essential you understand your rights before responding.
Who Does P&B Capital Group collect for?
P&B Capital Group collects for credit card lenders, personal and automotive loan companies, etc. Their website does
not necessarily indicate who they are employed by, or who they work for. Instead, P&B explains that its company
“understands that unforeseen circumstances can occur in consumers' lives, leaving their finances in turmoil.” This
means that P&B offers consumer resolutions as well.
Negotiate with P&B Capital Group to settle your debt for less
If you owe the debt and want to avoid going through the contentious and stressful litigation process associated with
a debt collection lawsuit, then you should consider negotiating a debt settlement. P&B Capital Group may agree to
settle for a lesser amount than nothing at all, especially if you make a reasonable lump sum offer.
If you were served with a Summons and Complaint regarding a debt collection lawsuit, then now is the time to act and
not bury your head in the sand hoping the debt will magically disappear. If you take just a few proactive steps, you
could potentially get P&B Capital Group off your back and get them to accept a significantly lower amount through
negotiated settlement.
The debt settlement process can be as simple as follow these steps:
Respond to any pending debt collection lawsuit filed by P&B Capital Group. Filing a timely Answer is critically
important since it mitigates the risk of the court filing a default judgment against you.
Determine how much you can afford to put toward the balance of the debt. This calculation can be accomplished by
assessing your current finances, living expenses, and the balance of the debt.
Send your settlement offer to P&B Capital Group. Do not be surprised if they do not immediately accept your
offer. This is perfectly normal. Prepare yourself to engage with a multi-round negotiations process.
If you have success in reaching a debt settlement agreement, then make sure to get the terms in writing.
To learn more about debt settlement negotiation, check out this video explaining how you can negotiate a debt
settlement on your own:
Read P&B Capital Group reviews to know how to negotiate
If you are seeking intel about what other people have said about their debt collection experience with P&B Capital
Group, then take a moment to check out these real online reviews:
It’s not unreasonable to say that the online reviews for P&B Capital Group are a mixed bag (some positive, some not
so positive). Nevertheless, there are many reviews that show people can have a productive discussion with P&B
Capital Group about a debt collection matter. Take, for example, the review published by a borrower named Molly:
“I called P&B Capital Group and spoke with Richard regarding my credit card debt. He was both kind and
courteous
and assisted me with removing it from my credit report. P&B was several steps above any other debt
settlement
companies I have dealt with in the past.”
Molly’s review reflects an important fact - proactively contacting a debt collector (rather than ignoring them)
typically improves your odds of achieving a resolution to your debt issue. Effective communication is incredibly
important.
Nevertheless, if the prospect of contacting a debt collector to talk about your debt gives you nightmares, then
consider using SoloSettle to negotiate online and resolve your
debt through our cutting-edge digital settlement platform.
Under the FDCPA, debt collectors cannot harass or abuse you while attempting to collect money. This type of behavior
may include:
Threatening to use violence or engage in criminal behavior if you do not pay them
Using profane language
Publicizing your debts to anyone other than your spouse
Threatening to sell the debt if you do not pay it
Lying about the debt
Contacting you at inconvenient times
Debt collectors are not allowed to call whenever they wish. For example, debt collectors may only call between 8am
to 9pm in your local time. They cannot call you at work either, especially if your employer prohibits such
communication.. If they continue to call when you have already mentioned it is not allowed, then it is a clear
violation of the FDCPA.
Text message and email
Although debt collectors can legally send text messages and emails, there are parameters. Debt collectors must
provide opt-out instructions with each and every text message and email they send. This means if you send “STOP”,
they must comply or they are in violation.
Deceptive and unfair practices
Under the FDCPA, debt collectors are not legally allowed to engage in deceptive and unfair practices. Deceptive
practices include:
False representations about the amount of your debt
False representations regarding the legal status of your debt
False threats to take legal action
Any deceit to get you to pay
Additionally, unfair practices include calling you collect to force you to accept and pay for the call. Any practice
that requires you to pay additional money other than the debt you owe is considered an FDCPA violation.
Other violations
FDCPA violations also extend to how a debt collector can interact with people you know. For example, they can call
your friends or family members, but they are limited in what they can say. They can ask for your contact
information, but not the reason that they want it. Additionally, they cannot harass anyone related to you.
Another good thing to note is that if a debt collector knows that you're represented by an attorney, they are
required to call them rather than you. Additionally, there can be no checks deposited or cashed, if they are
post-dated checks, before the date a post-dated check is written. They must also provide at least three days' notice
before they cash any check.
Sue debt collectors for harassment
If you feel that you have had your rights violated, then you may want to file a counterclaim. There are federal laws
that provide individuals with the ability to seek monetary damages. The FDCPA alone allows consumers who have been
violated to recover damages of up to $1,000 per violation, plus attorney fees and court costs.
Do you have a case to beat P&B Capital Group in court?
If you are receiving multiple calls per week from third-party collection agencies, and early morning or late night
calls from debt collectors, you may have a case. Especially if you are receiving calls at work or they are calling
your family, friends, neighbors, and coworkers.
Likewise, should collectors threaten you with violence, lawsuit, arrest, negative credit reporting, or trying to
collect more than you owe, you definitely have a case.
Respond to your P&B Capital lawsuit by filing a written Answer
If P&B Capital Group has filed a lawsuit against you, you should have received a court Summons and Complaint in the
mail. The Summons is a legal document that officially notifies you of the case, while the Complaint lists all the
specific allegations (or claims) that P&B is making against you.
The first step to responding to the lawsuit is to file a written Answer in the court. You
might think you need an attorney to help with this, but finding a lawyer can be super expensive and draining. You
can represent yourself with SoloSuit's help and win in court.
Here are 6 tips to drafting a winning Answer:
The Answer isn't the place to tell your side of the story: Giving an elaborate explanation of your side of
things can actually harm your chances of winning. At this stage in the lawsuit, the burden of proof is on P&B
Capital. You don't have to prove anything right now. All you have to do is respond to each allegation listed in
the Complain.
Deny, deny, deny: Most attorneys recommend that you deny all the allegations listed in the Complaint. This is
like saying, prove it, and it requires more work on P&B Capital's part—work that they would rather
avoid.
Use standard formatting or “style”: Your Answer should be professional with standard font, margins, and spacing.
It should begin with a caption that includes the court name, case number.
Assert your affirmative defenses: Include a section for affirmative defenses in your Answer. This is where you
can raise facts that show P&B Capital doesn't have a case (i.e. the debt is past the statute of limitations, the
amount is incorrect, P&B harassed you, etc).
Include the Certificate of Service: The certificate of service is a simple statement near the end of the Answer
document that declares it was sent and served to the plaintiff's attorney. It should include the exact address
that it was mailed to, as well as your signature.
Sign the Answer: All courts require that you sign the Answer document. Some courts don't accept an electronic
signature, so be careful to investigate before submitting your Answer.
To learn more about these 6 steps, check out this video:
After you've drafted your Answer, make sure to file the original document with the court and send a copy to the
attorney representing P&B Capital Group. All mailing should be done via USPS certified mail so you have proof of
delivery.
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.