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Massachusetts

Debt Collection Lawsuits

 

If you receive notice of a lawsuit, called a summons, you have to act quickly because in most cases you must file a written response with the court within 20 days. If you don’t, a debt collector can obtain a judgment against you without providing any evidence to the court. But if you get an attorney and you respond, you have the right to demand all the debt collector’s evidence.

 

Most debt-collection law firms operate on a large scale, filing hundreds of lawsuits at once, with little individual attention by their attorneys. Rather than provide their documentation — which they usually don’t have — they are willing to settle or dismiss the cases.

 

Furthermore, because their large scale, debt collectors often violate debt-collection laws like the FDCPA or the Massachusetts Consumer Protection Act when they file cases against consumers.

 

For instance, did you know that a debt collector can only file a lawsuit in the jurisdiction where a consumer currently lives or opened the account? If you are sued in the wrong jurisdiction, you may be able to have the case dismissed, or make a demand for damages.

 

Culik Law has represented consumers who have already paid off the debts that they are being sued on, who are being sued on debts that were opened fraudulently, and who were sued after the statute of limitations. These are all complete defenses to owing money to a debt collector. We have had cases like these dismissed.

 

We can help you assert your rights under the court rules to defend against debt-collection lawsuits. Call our office for a consultation to see what we can do for you.