Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.
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.
When you beat Apelles LLC in court^^
Summary: Apelles LLC is a debt collection agency that uses questionable debt collection methods to get consumers like you to pay off their debts. If you have been sued by Apelles LLC, you have up to 35 days to respond (depending on where you live) before you lose automatically. Use SoloSuit to fight Apelles LLC in court and win.
Apelles LLC is one of the 7,060 collection agencies in the United States. After a charge-off, the debt collection agency buys your unpaid debt from your original creditor for pennies on the dollar, allowing them to collect the debt like the original creditor.
What if you don't pay the debt? One thing is sure: Apelles LLC won’t disappear any time soon, and you will continue to receive calls and mail from them, hoping you will pay the alleged debt. But they must walk within the laws established by the Fair Debt Collection Practices Act (FDCPA), which protects you. In the worst-case scenario, ignoring Apelles LLC may result in them filing a lawsuit against you.
But this article will explore three ways to defeat Apelles LLC if they attempt to sue you. You can also learn more by watching this video:
What is Apelles LLC, and how does it work?
Apelles LLC is a debt collection agency that was founded in 2003 and has been accredited by Better Business Bureau (BBB) collection agency since 2014, with a profile page created in 2004.
On its website, Apelles LLC offers debt collection services and customer lifecycle management programs across the country. Apelles’ website does not disclose the details about the types of businesses or industries for which it collects debts, but its services include:
Apelles LLC has received numerous complaints and bad reviews
If you’re feeling frustrated by Apelles LLC, you’re not alone. The Better Business Bureau (BBB) and Consumer Financial Protect Bureau (CFPB) keep reports of complaints against Apelles LLC, which show just how far the company will go to collect.
As of 2022, Apelles has received 15 complaints on its BBB profile in the most recent three-year period. Almost worse, the CFPB has reported 36 complaints in the last ten years. In all of those complaints, billing and collection problems were cited, some of which are examples of violating the Fair Debt Collection Practices Act (FDPCA)
Here is a real complaint against Apelles LLC from the CFPB complaint database (edited for clarity):
“I am aware of the debt and in the process of arranging payments The debt collector is calling places of employment and I have co-workers now entitled to information that is not any of their business. Please ask the debt collector to only call my cell or home phone. If I don't answer, leave a message or mail me a bill. My employer does not allow employees to accept personal phone calls.”
This example shows that Apelles LLC will frequently violate the FDCPA in its efforts to collect debt. Knowing your rights under the FDCPA will help you protect yourself from unfair debt collection tactics.
Know your rights when Apelles LLC contacts you
Apelles may violate the FDCPA when they harass, threaten, or mislead you into making payments on a debt. Find more information about your rights under the FDCPA. For example, Apelles LLC cannot:
Contact you before 8:00 am or after 9:00 pm your time
Contact you at work if they have been informed that your place of employment does not allow such calls
Talk to anyone but you about your debt unless you’ve given permission for them to do so
Use profanity or any other abusive language when speaking to you
Call repeatedly in an abusive or harassing manner
If you feel Apelles LLC has overstepped, file a complaint with Consumer Financial Protection Bureau (CFPB). The federal agency responsible for enforcing the Fair Debt Collection Practices Act allows you to file a complaint online. After you file a complaint with the CFPB, they will forward it to Apelles LLC for further investigation.
Respond to a debt lawsuit against Apelles LLC
As mentioned previously, ignoring Apelles LLC's collection efforts could lead to a lawsuit. Many consumers feel they have no choice but to ignore debt collectors. This mindset makes it easy for a debt collector to get a judgment against you. Their favorite method is wage garnishment.
But if you respond to the Complaint with an Answer and file it within your state’s deadline, you can beat them. SoloSuit’s online Answer form simplifies the process.
Respond to a debt Summons and Complaint with these three steps, and beat Apelles LLC in court:
Answer each claim in the Complaint.
Make your affirmative defenses.
File the Answer in court, and send a copy to Apelles LLC.
Now, let’s explore each step a little further. Don’t like reading? Check out this video instead:
1. Answer each claim in the Complaint
In legal terms, an Answer is the defendant's first written response to a plaintiff's Complaint. In this case, you are the defendant, and Apelles LLC is the plaintiff. To ensure that your response accurately addresses the allegations in the Complaint, you must follow several practical guidelines.
The first section of your Answer should focus on responding to each claim listed in the Complaint document. The Complaint will list each claim in a numbered list.
Use one of these responses to reply to each claim in the same order they are listed on the Complaint:
Admit: this is like saying, “this is true."
Deny: this is like saying, “prove it.”
Deny due to lack of knowledge: this is like saying, “I don’t know.”
The SoloSuit's Answer service guides you through the process step-by-step. Once your document is complete, we'll have an attorney review it and file it on your behalf.
2. Make your affirmative defenses
After responding to each claim, you’re ready to assert your affirmative defenses. This is where you get to state your case.
An affirmative defense is any legal reason that Apelles LLC doesn’t have a case against you. Your case may be subject to one of the common defenses listed below, if they apply to the lawsuit. In your Answer, you should briefly describe your defenses. Examples include:
Statute of Limitations
Creditors are limited in their ability to sue you by a statute of limitations. The statue of limitations is the deadline that Apelles LLC has to sue someone for a debt. The statute of limitations clock begins on the date of the last payment made on the account. Each state has different rules and statutes, but the timeline for many statute limitations is usually between three and six years.
The Federal Trade Commission (FTC) explains how to deal with collectors trying to collect time-barred debts. The most important thing to know is that if the statute of limitations has expired on your debt, the debt collector cannot take any legal action against you in an attempt to force you to pay the debt.
No personal jurisdiction (improper service)
If you received the Summons and Complaint, but the manner you were serviced was incorrect, the defense of improper service applies.
3. File the Answer in court, and send a copy to Apelles LLC
Once the Answer is ready, file it with the court and send a copy to Apelles LLC’s attorney.
Make sure to send all documents via USPS certified mail with a return receipt requested. This will stand as proof that you served Apelles LLC with your Answer.
The Summons should list all the attorney information you need, but finding the courthouse information might be a little more tricky. Some courts also have specific filing rules that you must follow, like filing electronically or paying filing fees.
Luckily, SoloSuit figures out everything you need to file your Answer properly.
Collection agencies typically collect unsecured debts such as credit cards, cell phones, utilities, and medical bills. To avoid spending months trying to collect the full amount, the creditor might be willing to accept a settlement below the full amount.
Consider negotiating with the collector if you want to pay off the debt or change the payment terms to make them more convenient. For example, if your original debt was $900 and Apelles bought it for $300, you have room to negotiate a lower settlement of up to 45%. Use SoloSettle.
Check out this video to learn more about how to reach a debt settlement with Apelles LLC:
What is SoloSuit?
With SoloSuit, you can easily fight debt collectors. SoloSuit makes it simple to settle debts, respond to lawsuits, and even send letters to debt collectors.
What is Solo?
Solo makes it easy to resolve debt with 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.
SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.
No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.
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
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