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.
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:
Act fast if Barclay sues you—respond to avoid default judgment. Negotiate a settlement or use tools like SoloSettle to resolve debt and protect your rights.
If Barclay sues you, you need to act on it quickly. There are proactive steps you can take to respond to the debt
collection notice and possibly negotiate a settlement without having to endure the anxiety-inducing litigation
process.
Settle debt with Barclay
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Barclaycard, owned by Barclays, is a credit card and payment service provider based in London, U.K. It was founded
as a charge card in 1966; it became the U.K.'s first available credit card the following year.
Who does Barclay collect for?
Barclaycard collects for its credit card service provider. This means they will contact someone who has a past due
balance on a Barclay-branded credit card or other financial account.
Read Barclay reviews online
If you are curious to learn what consumers have said about their experience with Barclay on a debt collection
matter, then take a moment to read these reviews:
Despite Barclay online reviews being pretty mixed, this should not deter you from taking steps to engage with them
in an effort to resolve the debt collection matter. Many debt collectors, including those affiliated with Barclay,
are open to working with individuals to resolve their concerns and get their debt paid in a manner that works for
them, based on their current financial situation. Proactive communication is the key.
If calling a debt collector to negotiate doesn’t sound like your idea of fun, try using SoloSettle to negotiate online and resolve your debt through the
digital settlement platform.
Regardless of if the debt is yours or not, you will need to respond to the debt collection lawsuit. Do not admit
fault, but respond to avoid a default judgment. Suppose the debt collector obtains a default judgment. In that case,
they can garnish your wages, put liens on your property, or even take money from your accounts directly.
If you disagree with anything said in the debt collection lawsuit, you will file a response to the lawsuit and
contest it. You can even ask the court to submit the lawsuit. In this case, you must bring documentation to show the
following:
Who the creditor is
If the debt has been paid
If the amount is accurate
If the debt is past the statute of limitations
You can bring evidence if you feel your rights have been violated. Violations of the FDCPA are not tolerated and
include the following:
Contacting a consumer at odd hours (outside the hours of 8 a.m. and 9 p.m.)
Harassment using profanity or threatening harm.
They are threatening to take your property without the legal right to do so.
They are contacting you once you are working with a lawyer.
Make fraudulent claims, such as misrepresenting who they are or saying you owe something different than what you
do.
Because debt collectors are third-party agencies hired by the original creditor, they usually have purchased your
debt for pennies on the dollar. This means that you have the opportunity to challenge the lawsuit and see if they
can prove it is yours. Reasons to challenge a case include:
The wrong person being sued
You already paid the debt.
The debt amount is wrong.
The statute of limitations has passed.
Accept the judgment
In some cases, you may wish to accept the judgment and end the collection suit. There are various reasons why you
may or may not take a debt collection lawsuit. You may take the decision but also want to settle out of court, or
you may be considered "judgment proof." This means that you have limited wages, so you will not have your wages
garnished. If your debt ends up being unmanageable, you can eventually file for bankruptcy as a last result.
When to hire a lawyer
If you have accepted a judgment, you may decide to hire a lawyer. In this case, you may be able to obtain a free
consultation to discuss your options. If you choose to speak with a lawyer, make sure that it is a licensed debt
collection lawyer. This is important because they specialize in debt defense and can give you good advice.
Some debt collection lawyers will take your case for a low or contingent fee if you do not want to hire a lawyer
because you think it is too expensive. Otherwise, you can try to fight it on your own.
If you owe the debt, then you can try to negotiate a settlement. This can allow you to resolve your debt without
having to go through the stress and frustration of the litigation process. This means negotiating a settlement can
help you avoid going to court.
If you decide to settle, one tactic is to state that you plan to file for bankruptcy. Even if you do not intend to,
it may push the creditor along and help you negotiate a settlement. This is because they know that they lose all
chance of getting paid if you file for bankruptcy.
The debt settlement process can be as simple as following these steps:
Respond to any pending debt collection lawsuit filed by Barclay.
Determine what you can reasonably afford to pay based on the amount you owe.
Send a settlement offer to Barclay. You can call them, send an email, or write a letter. Phone calls are usually
most reliable, but try to document your communications with Barclay.
Be prepared for a counter-offer and to engage in multiple rounds of negotiations.
If you can negotiate a settlement agreement, get the settlement terms in writing.
To learn more about debt settlement negotiation, check out this video explaining how you can negotiate a debt
settlement on your own, with tips directly from a debt lawyer:
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.
Other options to look into:
Exempt Status: Depending on the state and how much you owe, you can be exempt from wage
garnishment if you have limited wages or assets. This means that you are judgment proof.
Filing for bankruptcy: If you are in a bad situation financially, filing for bankruptcy may be
an option. If you file a Chapter 7 bankruptcy, then Barclay will forgive all your debts. If you file a Chapter
13, then you can usually negotiate a lower amount to pay.
Regardless of what your decision might be, whatever you choose may follow you for the rest of your life. Be sure to
weigh your options carefully and make the decision that is right for your situation.
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.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
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.