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:
Avoid court by settling debt with Westwood Funding: Review your finances, propose an offer (50% could be a
good starting point), get a written agreement, and make your payments on time according to the agreement. Solo can help you with all these steps and more.
Westwood Funding is a revenue-based finance company that provides working capital to small and medium-sized
businesses.
Although these types of loans can provide money upfront, the result can be more debt than you can repay. If you’re
unable to repay the debt, Westwood Funding may end up suing you in court.
If you have received a Summons and Complaint in the mail from Westwood Funding, it is essential that you answer it.
If you do not answer it, a default judgment may be placed against you. This will open up other avenues for debt
collection, such as wage garnishment, liens on your property, or money being taken directly from your bank account.
This article outlines everything you need to know about Westwood Funding and how to resolve your debt.
Settle debt with Westwood Funding
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Who is Westwood Funding, and who do they collect for?
Westwood Funding, also known as Westwood Funding Solutions, LLC, is a loan office located in Florida, New York, and
New Jersey that offers many different financing options to businesses. These include merchant cash advances and
small business loans. Merchant cash advances are loans that give companies quick access to money. They often have
very high interest rates and APRs. The catch with merchant cash advances is that they can be difficult to pay off.
Since Westwood Funding offers business financing up to $3 million, businesses from the following industries often
obtain funding:
Commercial real estate
Trucking industry
Car lots
Salons
Spas
Construction
Medical offices
Liquor stores
Hospitality industry
Auto repair
The above list is not comprehensive as Westwood Funding provides capital to businesses nationwide in various
industries.
Westwood Funding Solutions LLC is accredited by the Better
Business Bureau and maintains an A+ rating. Consumers can also read reviews on TrustPilot.
Westwood Funding handles its own collections in-house, so if a third-party debt collector contacts you, verify it by
contacting Westwood Funding directly. The Westwood Funding phone number and other contact information are as
follows:
Phone: 964-350-0331
Headquarters: 515 E Las Olas Blvd. Suite 1600, Fort Lauderdale, FL 33301
If you are being sued for a debt, you will receive two documents in the mail called the Summons and Complaint.
Listed on the Summons will be the deadline for you to file your response (14-30 days, depending on which state the lawsuit is in).
The Complaint contains all the specific accusations against you. You must respond to the Summons and Complaint with
a legal Answer document to avoid automatically losing the case with a default judgment against you.
There are three steps involved in responding to the Summons and Complaint:
1. Answer each allegation listed in the Complaint
Answering a complaint is essential. Be sure to thoroughly read the complaint before you decide how to respond to
each part of it. You will need to either admit, deny, or state that you do not know about each allegation listed.
Generally, it's best to deny as many allegations as possible.
2. Assert your affirmative defenses
Affirmative defenses are legal reasons that Westwood Funding's claims against you are invalid.
Examples of common affirmative defenses include:
The account is not yours
The contract was previously canceled
The statute of limitations has expired (or in other words, the amount of time you have to be legally sued for a
debt has expired)
3. File the Answer with the court and serve the plaintiff
Filing the Answer correctly is very important. Be sure to print two copies and mail one to the court. You will then
need to pay the filing fee to the court, ranging from $7 to $450, depending on your state. Finally, you should mail
the other copy to the plaintiff's attorney.
You can typically find the address for where you should send your Answer on the Summons and Complaint you received
in the mail. This is the attorney's address which should be on the top left of the first page, while the court's
address should be in the first two paragraphs.
Check out this video for more information on these three steps:
Does Westwood Funding have a right to sue?
One way to respond to a debt lawsuit is to challenge Westwood Funding's right to sue. They will legally need to be
able to prove that the debt belongs to you and that they have the legal standing to sue you. For example, they must
provide a credit agreement signed by you and documentation of the chain of custody of all paperwork.
Understand the burden of proof
When you are served with a lawsuit, the burden of proof rests with the plaintiff. This means that Westwood Funding
will need to prove the following:
That you are responsible for the debt
That they have the right to sue you
That you owe a specific amount
Demanding proof is one of the best ways to respond to a debt collection lawsuit. When you deny the claims listed in
the Complaint, Westwood Funding must then prove every aspect of the debt, including that all fees and charges were
within the original credit agreement and that you signed the agreement. They must also prove that the current
balance is correct.
Look into the statute of limitations
The statute of limitations governs how long you can be sued for a
debt. The rules differ in each state, but it is typically somewhere between 4-6 years. The beginning of this time
period will start on the last day you were active on that account.
Oftentimes, a creditor or loan officer will attempt to get you to pay toward an old debt. They do this because a
payment of any size restarts the clock on the statute of limitations. You should always check the statute of
limitations on a debt before you agree to make any payment.
Settle a debt with Westwood Funding with these four steps
Debt settlement is often the best way to avoid going to court. Debt collectors know that filing a lawsuit is a
time-consuming and expensive process and would often rather settle for less than the full amount of the debt. The
following steps outline the debt settlement process.
Take a look at your finances and determine how much you can afford to pay Westwood Funding to settle the
debt. How much do you have to offer to pay the debt? Though you may be able to settle for less, a
helpful benchmark starting point is 50% of the original debt. Your initial offer should be slightly less than
the maximum amount you can afford to pay now. This will give you some wiggle room as you engage in negotiations
with Westwood Funding.
Make a debt settlement offer to initiate negotiations. Explain how much you’re offering and
when you can make the payment. It might be helpful to include a description of why you need to settle the debt.
Get the terms of the agreement in writing. Once you and Westwood have reached an agreement,
make sure it’s memorialized in a written and signed debt settlement agreement. File it with the court if you’ve
been sued. This will protect you from future disputes or legal action, as long as you fulfill your end of the
agreement.
Make your payment on time. Be true to your word and follow the plan that is outlined in the
settlement agreement documentation. Failure to pay on time could escalate things further and even lead to legal
action (if it hasn’t already been taken). If you’ve set up a payment plan and, for whatever reason, you can’t
make your payment on time, reach out to Westwood Funding to discuss further options. Open communication goes a
long way when working with lenders like them.
If Westwood Funding has sued you, make sure you receive official notice that the lawsuit has been dismissed or
dropped.
Learn more about debt settlement in the following video:
How to Answer a Summons for debt collection in all 50 states
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.
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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.