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.
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.
Summary: Is Radius Global Solutions suing you for a debt? SoloSuit can help you take a stand and win in court.
Facing a fierce debt collection agency in court, like Radius Global Solutions, can be intimidating. With almost 40 years of experience in collections, this agency understands the ins and outs of collection laws and may seem to have the upper hand against you in a debt collection lawsuit.
However, you can beat Radius Global Solutions in court if you prepare a good defense for the lawsuit. This article explains how to achieve that and everything else you need to know about debt collection lawsuits and Radius Global Solutions.
Radius Global Solutions has received many complaints
If you're feeling harassed by Radius Global Solutions, you're not the only one. As of 2022, Radius Global Solutions has received 392 complaints over a three-year period. Even worse, the Consumer Financial Protection Bureau received 2,154 complaints against Radius Global Collections in the last ten years.
These complaints show that Radius Global Solutions is guilty of:
Reporting false information to the credit reporting bureaus.
Failing to validate debts.
Continuously calling, even after requests to stop.
Changing a debt's status on credit reports to make it appear as a newer debt (re-aging debt).
Calling early in the morning or late in the evening.
Other violations of the FDCPA.
Let's take a look at a real complaint against Radius Global Solutions from the CFPB complaint database.
“Radius Global is attempting to collect a debt that does not belong to me. In addition, the debt doesn't belong to Radius Global. They have repurchased a fraudulent debt after the debt was verified as not mine by all other Radius Global collection affiliates.”
If you are a victim of any of these practices, you may be eligible for compensation. When Radius Global Collections violates the FDCPA, you should report. Keep reading to learn more.
Why is Radius Global Solutions calling you?
If you receive a phone call from Radius Global Solutions, one of your lenders may have handed over your unpaid debt account to the company for collections. Since this agency collects for companies from different industries, they may contact you for uncleared debt accounts, such as credit cards, medical debts, personal loans, or student loans.
The Fair Debt Collection Practices Act (FDCPA) allows debt collection agencies to contact you through various means of communication like phone calls, emails, and messages. However, these agencies must follow certain debt collection rules. For example, they must:
Identify themselves as a debt collection agency and provide you with information such as their name and address.
Inform you about the debt, the amount you owe, and the creditor's name.
Inform you how to dispute the debt or seek debt verification information.
Provide you with the written debt verification information within five days of initial contact.
Afterward, the agency begins the debt collection process. You may witness more phone calls, messages, and emails. And, they might also propose a repayment plan if they reach you. Radius will send you one final notice before filing a lawsuit if none of their collection efforts bear results.
You'll receive a debt collection Summons to which you must respond.
Respond to a debt collection Summons from Radius Global Collections
How you respond to the debt collection Summons and Complaint filed against you may impact the final ruling on the case. If you ignore the court Summons, there is a high probability Radius will file a Motion for Summary judgment against you. If the court grants the Summary Judgment motion Radius there is an equally high probability Radius will then ask the court to issue a wage garnishment order allowing them to collect part of your wages to recover the debt.
You need to take note of the time limit you have to respond to the court Summons. This time limit varies from one state to another and may be found on the paperwork you receive along with the court Summons and Complaint.
After confirming the deadline, follow these three steps:
Respond to each complaint in separate paragraphs.
Assert your affirmative defenses.
File your Answer with the court, and send a copy to Radius Global Collections.
Now, let's break down each of these steps a little further. Don't like reading? Check out this video to learn more about these three steps to responding a debt lawsuit.
1. Respond to each complaint in separate paragraphs
The complaint contains all the legal claims by the plaintiff in paragraph form. You must read each claim and decide how you respond to it. Typically, there are three ways to respond to these claims.
You may admit a claim if you agree.
You may deny the claim if you disagree.
You many deny the claim due to lack of knowledge if you aren't sure.
In most cases, attorneys suggest that you deny as many claims as possible. Denying is kind of like stating, “Prove it.” It forces Radius Global Collections to provide the proper documentation and paperwork to prove their case. If they don't have the necessary proof, the case will probably be dismissed.
Affirmative defenses are the reasons why you believe the debt collection agency has no case against you. It's the best chance you have to challenge Radius Global Solutions and beat them later in court.
Examples of affirmative defenses include:
The statute of limitations on the debt has already expired.
The creditor canceled the debt agreement.
You filed for bankruptcy, thus, dismissing the debt.
You already cleared the debt.
The debt account doesn't belong to you.
You didn't receive a notice for debt validation from the plaintiff.
Remember to collect evidence of these affirmative defenses to support your claims. Since asserting affirmative defenses is a one-time chance, you need to explore all available defenses to improve your chances of winning the case. Once you file your initial Answer, you won't be able to bring up any defenses later on in the case.
After completing your Answer with your responses and affirmative defenses, the next step is filing your Answer. You have to make two copies of the Answer document. Mail one of the copies to the court and the other to the plaintiff or their attorney. Ensure that you use Certified Mail services to obtain proof of mailing and delivery.
If you believe that you don't owe the debt, you can dispute it in writing within 30 days from the day Radius Global Solutions contacts you. When you do so, the agency will stop all collection processes until they verify the debt. Send a Debt Validation Letter to formally request that Radius Global Collections verify the debt. Many debt collectors give up after receiving such a letter.
Negotiate a debt settlement with Radius Global Collections
If you owe the debt and want to avoid going through the hectic court processes, you can try negotiating a settlement amount. The agency may agree to settle for a lesser amount than nothing at all. They may also agree not to report your account to credit bureaus once you pay the settlement amount.
SoloSettle makes it easy to start the debt settlement negotiation process. Keep in mind that many debt collection agencies are willing to settle for less than the original amount, because often they purchase the debt for pennies on the dollar. This means you can pay less than you actually owe, and Radius Global Collections will still make a profit.
Remember to keep copies of all agreements you reach with Radius Global Solutions and honor your part of the agreement.
Report Radius Global Collections for violating the FDCPA regulations
The Fair Debt Collection Practices Act protects you from unfair debt collection practices from debt collectors. For example, these laws prohibit collectors from identifying themselves as attorneys or government representatives. The laws also prohibit them from garnishing your wages without a court order.
If a collection officer violates any of these rights, and many others, you can submit a complaint with the Consumer Financial Protection Bureau (CFPB) and the Fair Trade Commission (FTC). You may also file a lawsuit against them for violating the state collection laws within one year. If you win the lawsuit, the court may order the agency to pay for the damages and court fees incurred.
However, suing a debt collector for violation of collection laws doesn't take away your debt responsibility. You will still be responsible for clearing what you owe.
What is SoloSuit?
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
We have answers. Join our community of over 40,000 people.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
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