Velocity Investments LLC Is Suing Me: How to Settle
George Simons | July 26, 2024
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: Respond to Velocity Investments LLC's in court by filing an Answer, and check if the debt is within the statute of limitations. After you've responded, offer a settlement to resolve the dispute outside of court. Use SoloSuit to respond in court and negotiate a settlement.
If you were named as a defendant in a lawsuit filed by Velocity Investments LLC, your mind is probably inundated with questions or concerns, most importantly, “What steps can I take to beat Velocity Investments LLC in court?” SoloSuit can help you respond to the debt collection lawsuit. The information provided below offers key insights and advice on how to effectively defend and fight against Velocity Investments LLC in court.
Settle debt with Velocity Investments LLC
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Velocity Investments, LLC is a national purchaser of delinquent consumer debts. The company was formed in Wall, New Jersey in 2003. Velocity Investments LLC boasts that it uses a “comprehensive collection strategy” aimed at turning “distressed receivables to cash.” This is basically debt collector lingo for hounding consumers relentlessly and taking them to court in the hopes of breaking them down to the point where they pay the delinquent debt.
In other words, Velocity Investments specializes in purchasing old debt from creditors (banks, credit card companies, etc.) and then suing the people who owe the debt to make a profit. Velocity usually purchases the debt for less than 20% of the original amount, which means that they make a huge profit when consumers pay the amount off in full.
For this reason, you should investigate the debt by sending a Debt Validation Letter and look into settlement options before paying Velocity Investments anything. Here's everything you need to know about it.
Send Velocity Investments LLC a Debt Validation Letter
The FDCPA requires Velocity Investments LLC to provide validation of a debt within 5 days of attempting to collect it. The debt validation should include these five points:
The amount of the debt.
The name of the creditor.
The collector will assume the debt is valid unless the consumer sends them a Debt Validation Letter within 30 days.
If you send the collector a Debt Validation Letter they will need to mail you validation of the debt.
If you send them a Debt Validation Letter they will need to mail you the name and address of the original creditor.
When you send a Debt Validation Letter to Velocity Investmnents, they must cease all collection efforts until they have officially validated the debt. Many debt collection agencies give up after receiving such a letter, so it's a great tool to use if you have debt collectors breathing down your neck.
SoloSuit can help you draft a professional Debt Validation Letter in minutes, which will help you fight off Velocity Investments. To learn more about how to draft a Debt Validation Letter, check out this video:
Contact Velocity Investments LLC at this phone number and address
If you have decided to request a debt validation from Velocity Investments, you can reach them at the following phone numbers and address:
Check out these Velocity Investments LLC reviews and consumer complaints
Since the company was formed, Velocity Investments LLC has been the subject of multiple complaints filed with the Better Business Bureau and Consumer Financial Protection Bureau alleging multiple violations of the Fair Debt Collections Practices Act (FDCPA). Some of the most commonly cited violations include failing to provide debt verification and attempting to collect debts from people who did not actually owe them any money.
Velocity Investment's BBB profile only has 1 out of 5 stars, and clearly unhappy about their experiences with the company. For example, one consumer explained that Velocity kept calling him about a debt from 20 years ago. When the consumer asked Velocity to mail documentation of the debt, they refused but said they would reduce the debt if he paid it off in the next 30 days. This is a pretty huge red flag for many reasons, but most because the debt was probably way past the statute of limitations on debt.
If you have experienced similar issues, you should learn more about your consumer rights under the FDCPA. You could fight back and end up earning money from Velocity.
You may be able to pursue compensatory damages against Velocity Investments LLC
In addition to defending against a lawsuit filed by Velocity Investments LLC, you have the option to go on offense by filing a counterclaim against this debt collection company. You can go on offense by filing a counterclaim pursuant to the aforementioned FDCPA.
Consumers have the right to file a lawsuit for alleged violations of the FDCPA, such as receiving collection calls before 8:00 AM or after 9:00 PM. If you prevail in this counterclaim, you could be entitled to statutory damages of $1,000, plus punitive and economic damages.
Respond to the lawsuit filed by Velocity Investments LLC
If you get served with a Summons and Complaint by a representative of Velocity Investments LLC, the first step to beating them is to file a written Answer with the court.
One of the most common mistakes people make when they are sued by debt collection companies like Velocity Investments LLC is failing to actually respond to the Summons and Complaint. Whether you actually owe the debt or believe you were sued by mistake, you need to respond to the claims made by Velocity Investments LLC. In legal terms, your response to the Complaint is known as an Answer.
Here are 6 handy tips to help you draft the best debt lawsuit Answer possible. To learn more about these 6 tips, check out the video below:
The Answer isn't the place to tell your side of the story in detail: At this stage in the lawsuit, the burden of proof is not on you. This means that you don't have to elaborately explain your side of the story. In fact, doing so can actually hurt your case. Let the plaintiff (in this case, Velocity) prove their claims. All you have to do is respond to each claim listed in the Complaint.
Deny Deny Deny: Most attorneys recommend that you deny as many of the claims against you as possible. Denying is kind of like saying, “prove it,” which requires more work and documentation on Velocity's end. If Velocity Investments doesn't have enough evidence to prove you owe the debt, it will likely dismiss the case altogether.
Include defenses: You should include a section in your Answer where you state your affirmative defenses. These are short statements that are reasons Velocity doesn't have a case against you. For example, the debt may be past the statute of limitations, you may be sued in the wrong state or county, and you may not have received a Summons notifying you of the lawsuit. These are all common affirmative defenses that can strengthen your case.
Use standard formatting or “style”: Your Answer should be clean and professional, with standard font, font size, and formatting. It should include a caption that states the court information, parties, and case number.
Include certificate of service: The certificate of service is a short statement at the end of a legal document that certifies the document was actually sent to the opposing party. It should include the address that was used and the manner in which it was sent. So, you should certify that you sent the Answer to the attorney representing Velocity Investments with the address listed on the Summons document.
Sign it: Almost all courts require a signature at the end of the Answer. Without an Answer, the court will most likely reject the document. Make sure to double check whether your court accepts electronic signatures or not.
Avoid default judgment if Velocity Investments LLC is suing you
Filing an Answer is so important because failing to do so will enable Velocity Investments LLC to file a motion to obtain a default judgment against you. If a default judgement is entered by the Court against you, Velocity Investments LLC will be authorized to garnish your wages, take money from your bank account, collect attorney's fees and court costs, and seize your personal property.
Another important reason to respond to the lawsuit is because many debt collection companies like Velocity Investments LLC are assuming you will not file an Answer to the Summons and Complaint. This is because the vast majority of people fail to respond. As a result, when you take the time to provide a response, it actually catches many debt collectors off guard and could even create an opportunity to reach a settlement or out-of-court resolution with the debt collector
Make Velocity Investments LLC prove that you actually owe the alleged debt
There is a very good chance the debt claimed in the lawsuit has been packaged, sold and resold before the current debt collection agency, such as Velocity Investments LLC, purchased it and is suing you to try and collect on it. As a result, a strategy for challenging the lawsuit is simply requesting that the debt collection company provide the original signed agreement and a balance on the account from zero to present. In many instances, the debt collection company only has a portion of the statements and likely will not have access to the original signed agreement.
Make Velocity Investments LLC prove the lawsuit was filed within the statute of limitations
As mentioned earlier, many debt collection companies (including Velocity Investments LLC) assume most people will not actually respond to the collections lawsuit and they will obtain a default judgment. As a result, there are many instances when the debt collection company fails to actually take the time to confirm that they can legally sue you for the debt. Keep in mind that if the applicable statute of limitations has expired, the debt collector is legally prohibited from suing you on the debt. In most states, a debt collector only has a finite amount of time to sue you for an alleged delinquent debt.
If it turns out that the statute of limitations expired, you can raise it as an affirmative defense that could enable you to file a motion to dismiss the lawsuit entirely.
To learn more about how to effectively respond and defend against a debt collection lawsuit, use the tools and resources available through SoloSuit.
Settle debt with Velocity Investments LLC in 4 steps
Ready to settle your debt with Velocity Investments so you can leave your debt issues in the past and embrace a new financial future? Follow these four steps:
File an Answer to the lawsuit to avoid default judgment.
Send an offer to settle.
Send over hardship information.
Ask for a debt settlement agreement in writing.
Let's explore each step.
Step 1: File an Answer to the Velocity Investments lawsuit to avoid default judgment
Whenever you get sued, the first and most important step to take is to respond to the lawsuit before your state's deadline. If you fail to respond in time, you might lost your opportunity to the settle the debt because Velocity Investments might win by default judgment. With a judgment, collectorss interest in settling decreases substantially. But if you file an Answer into the case, you'll avoid this and buy yourself time to negotiate a settlement and set up a payment plan that works for you.
Step 2: Send Velocity Investments an offer to settle
The sooner you make an offer to settle, the closer you'll be to reaching an agreement. Sometimes, taking this step is the hardest part. To start, consider how much you can afford to send in a lump-sum, one-time payment. Evaluate your savings and resources (like family or friends) that could help with the payment. If a lump-sum payment doesn't work for your current financial circumstance, you can also offer to pay off the debt in monthly installments.
Once you've determined an appropriate settlement goal, send an offer to the lawyers representing Velocity Investments LLC (the attorney's information should be listed in the court documents you received). Start with a lower offer than your goal to give yourself room to negotiate.
If you are dealing with a debt buyer — someone like Velocity Investments who bought your debt from the original creditor — then they will probably accept a settlement between 1%–50% of the amount they're suing you for. On average, debt collectors buy debts for 8 percent of the face value of a debt. Meaning if they settle for 10 percent of the debt, they will earn 2 percent. If you are dealing with the original creditor, they will be less willing to settle for a low amount. You may be able to settle for 20%-70% of the debt.
Be prepared to receive a counteroffer, and don't get discouraged. This is totally normal, and it may take several rounds of negotiations before you reach a settlement that works for both parties.
Here are some tips for negotiating a settlement offer:
Step 3: Send your hardship information to Velocity Investments
Velocity Investment debt collectors aren't heartless. They are willing to work with consumers, especially if the consumer has faced unexpected financial hardship. You may need to send evidence of your hardship to Velocity's lawyers so they know how much you can actually pay to settle the debt. This evidence may include:
You account information
A hardship letter
Proof of income (e.g., pay stubs, tax returns, letter from employer)
Monthly expense list
Recent bank statements
Proof of hardship (e.g., medical bills, unemployment benefits statements, termination letter)
List of other outstanding debts
Asset information (e.g., property or vehicle values)
Sending over your financial hardship information will likely make the negotiation process easier. Just know that debt collectors aren't always your enemy. They may be willing to work with you to reach a reasonable agreement.
Step 4: Ask for a debt settlement agreement in writing
Once you've come to a mutual agreement, ask the lawyers to send over a debt settlement agreement in writing. This document should be filed with the court and outline the settlement terms and conditions, including the settlement amount, due dates, and statements declaring the delinquent debt will be reported as settled to the credit bureaus.
You can talk about settlement with debt collectors all day, but none of it is official until you have it in writing. In general, it's best practice to have all communications with debt collectors and their lawyers recorded.
To learn more about these four steps, watch the following video where we interview a consumer rights attorney and ask how to settle debt with collectors like Velocity Investments.
Overview of what you should do if you are sued by Velocity Investments LLC
Here is what you need to do if you receive a debt collection notice or debt collection lawsuit from Velocity Investments LLC:
Take note of any phone calls made before 8:00 A.M. or after 9:00 P.M, any phone calls made to your place of work, and any use of vulgar or inappropriate language.
File your Answer to the Summons and Complaint in a timely manner (typically within 20-30 days after being served with the lawsuit).
In your Answer, make sure to raise affirmative defenses like the statute of limitations and demanding that the debt collection company provide proof of the specific amount owed.
Consider filing a counterclaim for any violations committed by Velocity Investments LLC of the Fair Debt Collection Practices Act.
Settle your debt with Velocity Investment. Send an offer and negotiate until you reach an agreement. Get the agreement in writing, and file it with the court.
Use SoloSettle to negotiate a debt settlement that works for you.
Best of Luck!
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