Chloe Meltzer | October 19, 2022
Edited by Hannah Locklear
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: Has D&A Services contacted you about a past-due debt? SoloSuit can help you take a stand and win in court.
If you are months or more past due on a debt, your creditor may assign or sell the debt to a third-party debt collection agency. At this time, the debt collector may purchase your debt and then work to collect the debt or be paid to collect on the debt. If you do not pay off the debt, you may find yourself in court. If you are being sued for debt by D&A Service and not sure how to respond, you can follow the steps below to win.
Previously known as Dynia & Associates, D&A Services, LLC is a third-party debt collector based in Illinois. This agency has a rating of 1 out of 5 stars with the Better Business Bureau, and it has received several consumer complaints on the BBB website. Some of these complaints are clearly violations of the Fair Debt Collections Practices Act (FDCPA), including failing to verify debts and using false or misleading language in an effort to collect a debt. If you have been contacted by D&A, you must know your rights and how to respond.
If you're being sued by a debt collector, then you need to understand the process of what being sued for debt looks like. It will vary from case to case, but you need to ensure that you verify the debt before paying anything. Scams do exist, so it's important to do some research on the debt before you take any other action. Here's a typical debt collection timeline:
Check out this handy flowchart that outlines all the possible routes a debt lawsuit can take:
It's pretty common for debt collection agencies like D&A Services to try to collect on a debt that is invalid. Some reasons a debt may be considered invalid are:
If you feel that any of these apply to your debt, you can send a Debt Validation Letter. Many collectors simply give up after receiving a Debt Validation Letter, so it's a great way to get D&A Services off your back.
SoloSuit can help you draft your own Debt Validation Letter in minutes.
If D&A Services has sent you a debt Summons and Complaint, you should respond before the deadline in order to avoid default judgment. Default Judgment would give D&A Services the right to garnish your wages and seize your property. You can dodge this by filing a written Answer with the court.
The Complaint document that you should have received from the court will contain a list of allegations against you (these are often referred to as “paragraphs”). In order to fight back in your debt lawsuit, you should prepare a formal response to each of these allegations. There are a few ways you can respond to each point in a Complaint. You can:
Generally, the best tactic is to deny everything in your response. At this stage in a lawsuit, the burden of proof is on the plaintiff (or in this case, D&A Services). Denying everything is like saying “prove it”, which takes more time, effort, and resources on D&A's part. They might even give up, if they don't think the amount in question is worth the time they'd spend proving their case.
As a part of your written Answer, you should include a list of affirmative defenses that will strengthen your side of the case. Be sure to list these defenses in your Answer, because you will not be able to bring them up later. Some common affirmative defenses include:
Make the right defense the right way with SoloSuit.
For 6 easy tips on drafting an Answer to a debt lawsuit, check out this video:
After drafting your Answer, and asserting your affirmative defenses, you should file the original document with the court and send a copy of it to D&A Services' lawyer. SoloSuit can file the Answer for you and have an attorney review your documents before sending to increase your chances of winning.
If you are being sued by D&A Services, it is important to look at all aspects of the lawsuit. The most important thing to remember is never to admit responsibility for the debt. If you do this, you will lose all chances to fight it or settle the debt for less than you owe. You can represent yourself with SoloSuit's help and beat D&A Services in court.
SoloSuit makes it easy to respond to a debt collection lawsuit.
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.
"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
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendants Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouses Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
Youre Drowning in Debt — Heres How to Swim
Help! Im Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Heres What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgment Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court