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How to Beat RSIEH in Court

Melissa Lyken | December 11, 2023

Melissa-Lyken
Legal Expert, Paralegal
Melissa Lyken, BS

Melissa Lyken is a senior paralegal and legal-finance content writer with over eight years of professional legal and business experience and a bachelor’s degree in Sociology and Community Studies from the University of California, Santa Cruz.

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: Don't know how you're going to beat RSIEH in court? We've got you covered. Learn all about this debt collection firm and how to win against them.

Are you being sued by the RSIEH for an unpaid debt? Not to worry, there are several ways you can defend yourself in court. RSIEH is a debt collection agency tasked with collecting debt on behalf of lenders, banks, credit unions, and credit card issuers.

The most common mistake debtors make when they are sued for debt is ignoring the lawsuit. Ignoring the debt is the worst thing you could do as it allows judges to rule in the plaintiff's favor automatically. This shouldn't be the case, as there are effective defenses debtors can utilize to beat RSIEH in court.

Who Is RSIEH?

RSIEH is an acronym for Rausch, Sturm, Israel, Enerson, and Hornik. It is a debt collection law firm based in Wisconsin that helps financial institutions and creditors collect a debt. The firm was established in 1997 and incorporated in 2008. According to its website, RSIEH assists credit issuers and consumers in resolving financial setbacks.

RSIEH has strict philosophies regarding honesty, fairness, and giving back to the community, but it lacks regulatory compliance policies. This omission sometimes causes the company to engage in illegal debt collection practices, including those prohibited by the Fair Debt Collection Practices Act. An awareness of your rights is critical when identifying plausible defenses against RSIEH.

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Hold RSIEH Accountable to the FDCPA to Beat Them in Court

Get Everything in Writing

Debt collectors are notorious for misrepresenting facts, especially if there's no written proof indicating otherwise. If they call you over the phone, it can be challenging to hold them accountable for the conversation. As such, it's essential to insist that all communication with the RSIEH be in writing.

The Fair Debt Collection Practices Act (FDCPA) requires communication between debtors and debt collection agencies via U.S. mail. If the debt collector violates this rule, you can use it as a defense in court.

Ask for Proof That You Owe the Debt

If the company is collecting an old debt, it has probably changed hands so many times that RSIEH doesn't have written proof indicating the person owing and the amount owed. The FDCPA requires that debt collectors send written notice to the debtor that proves they owe the debt, the amount, and the name of the original creditor.

If this is not provided, the debtor can dispute the debt within 30 days; once disputed, RSIEH must cease all debt collection efforts (including suing the debtor) until they have verified that you owe the debt. If the RSIEH proceeds with filing a lawsuit without providing the required written notice, you can file a small claims action in state court. However, you must prove that:

  • You mailed a letter to RSIEH to request proof that you owe the debt.
  • The RSIEH received the letter.
  • The company failed to provide the requested verification.

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File a Countersuit Case Study: Kelly Fosen vs. RSIEH

Kelly Fosen, a Texas resident, owed Citibank a certain amount of money. The bank wrote to Fosen to inform her that they would involve a third party if the amount weren't paid. The credit card provider decided to involve RSIEH after Fosen made no attempt to pay the debt.

Fosen disputed the debt, asking Citibank to prove she owed money. RSIEH still filed a lawsuit without serving her with the petition. Since Fosen didn't receive any papers to prove she owed debt despite disputing the debt within the allowed window period, she filed a countersuit against both the credit company and RSIEH, alleging that both corporations violated the Fair Debt Collection Practices Act.

Know Your Rights Under the FDCPA to Win Your Case

The Federal Trade Commission enforces the Fair Debt Collection Practices Act and makes it illegal for debt collectors to abuse debtors or use unfair practices when collecting debts. Debt collectors are prohibited from:

  • Calling you at work if calls aren't allowed during working hours
  • Calling you at inconvenient times
  • Discussing your debt with anybody other than you, your lawyer, or spouse
  • Falsely claiming that you'll be arrested if you fail to pay the debt.
  • Threatening to take property unless they have a warrant
  • Harassing, threatening, or using obscene language when collecting debt
  • Lying about your debt, including stating that you owe a different amount than you owe

If RSIEH violates any of these rules, you can use it as a defense in court. However, this is only valid within a year from the date the law was violated. If successful, you're entitled to damages, including lost wages, but if you can't prove damages, you may be awarded up to $1,000 and reimbursed court costs and attorney fees.

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Use the Statute of Limitations as a Defense

After a certain amount of time, the statute of limitations on some debts expires, prohibiting RSIEH debt collectors from filing any lawsuits. The statute of limitations is a rule that sets the period within which a creditor or debt collector can sue for payment of a debt. It varies by state, type of debt, and whether your agreement with the creditor was in writing.

For example, in Ohio, the statute of limitations for written contracts is eight years from the date the debtor breaches the contract.

In case of mortgage foreclosure, banks have up to 21 years to file a foreclosure action against debtors. The statute of limitations begins the day you fail to make payment. If you make a payment or admit guilt after being served, the statute of limitations starts again. It's important to note that even when a debt is time-barred, you still need to respond to your lawsuit.

Once the statute of limitations expires, the debt is deemed time-barred. This is another defense you can use to beat RSIEH in court. When a debt is time-barred, a debtor can:

  • Pay off the debt: This option is ideal for debtors who want to eliminate debt. You can pay the whole debt or a part of it in an arrangement called a settlement. Be sure to request a signed letter stating the amount paid and that you've been released from the debt.
    • Pay nothing: The debt collector can't sue for a time-barred debt, but they have a right to continue contacting you. You can stop the process by sending a letter to RSIEH.

Being sued by a law firm may seem like you are in an unfair fight. Ignoring the lawsuit allows RSIEH to obtain a court judgment or apply a wage garnishment. If the RSIEH sues you for debt, you are within your rights to use any of the defenses highlighted above. An awareness of your rights is critical when identifying opportunities for filing a countersuit and filing your Answer.

What is SoloSuit?

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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.

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