Getting a debt collection summons, either in the mail or from a process server, can be a terrifying experience. Your first thought may be to ignore it and hope the issue resolves itself. However, this is the worst thing you can do. If you do not answer the summons, the debt collector can obtain a default judgment and then take further action against you. Collectors such as Breit & Boomsma are experienced in getting those judgments and then pursuing wage garnishment and liens.
Fighting debt collection lawsuits from Breit & Boomsma and other debt collectors requires the legal assistance of a skilled bankruptcy attorney who knows how to help you file for bankruptcy and handle the beginning of the debt collection case. At Walker & Walker, we will explain your options and give you the support you need to get through the case. Contact us today to get started.
What Happens After You Are Served With Debt Collection Papers?
The first thing you should do if you are served with debt collection papers is check the date on the summons and complaint. Even if you plan to fight the debt or file bankruptcy, you must do so within a certain time frame. The summons will tell you how many days you have to file an answer, usually 30 days from the date you receive the summons.
If you are not sure how to file an answer, our attorneys at Walker & Walker can explain what you need to do. If you are not quite ready to visit an attorney yet, you can access the paperwork online at the local court website. However, it is crucial to file your answer before the deadline. Fighting a Breit & Boomsma’s debt collection lawsuit begins with your answer.
Do You Have To File Bankruptcy To Stop Debt Collection?
Filing for bankruptcy protection stops all creditor collection efforts with an automatic stay. The stay lasts throughout the course of your bankruptcy case. If you have a large amount of unsecured debt, such as credit card debt and medical bills, filing for bankruptcy can remove all your debts and give you a chance to start over.
If you are fighting a debt collection claim from a single collection agency such as Breit & Boomsma or for a small amount, you may not need to file for bankruptcy. At Walker & Walker, we can discuss your options and help you decide if other alternatives will work for you. Possible circumstances that could invalidate a debt collection claim include the following.
The Statute Of Limitations Has Expired
Even if a collection company has purchased the original debt, they can only file a lawsuit within a certain time frame after your last activity, usually four or five years. If the statute of limitations has expired, the company cannot pursue a lawsuit.
Lack Of Standing
The collection agency must show they lawfully purchased your account and have the correct chain of transfer.
Violation Of The Fair Debt Collection Practices Act
A violation of The Fair Debt Collection Practices Act can include improper service of process, aggressive collection tactics (threatening phone calls, emails, or texts), or inaccurate data.
Prior Settlement
If you already paid off the debt, collectors sometimes try to double dip and claim you did not pay.
Contact Us for Help Fighting Back Against a Breit & Boomsma Debt Collection Lawsuit
At Walker & Walker, we can help you with fighting debt collection lawsuits from Breit & Boomsma and any other collectors who are harassing you or who have sent you court summons. If you decide that you must file bankruptcy or that you want to take your case to trial, we will support you in your decision. Contact us today to schedule a free consultation.