Why Have I Been Sued By Rausch Sturm Israel Enerson & Hornik, LLP?

It is always alarming to receive a notification that you have been sued by anyone. If you have been notified that you are being sued by Rausch, Sturm, Israel, Enerson & Hornik, LLP, (RSIEH), the most important thing to do is to remember not to panic. The company may be trying to collect on a debt you do not owe, or they may not be able to prove the validity of the debt. It is important to know who RSIEH is, and how to defend yourself against the lawsuit.  Below, our Broward County debt defense lawyer explains the defenses available and how to protect yourself.

Who is RSIEH?

Rausch, Sturm, Israel, Enerson & Hornik, LLP is a law firm that is based out of Wisconsin. They specialize in collecting on debts for creditors and other lenders all over the country. RIEH is not a scam company. They are completely legitimate and have been successful in many debt collection lawsuits in the past. This does not automatically mean they will win their case against you.

RSIEH states on their website that they are dedicated to helping consumers get out of debt. Unfortunately, that statement is not as innocent or as helpful as it may seem. The law firm wants to help people get out of debt by suing them and attempting to garnish their wages or take other legal action that is very hurtful to borrowers.

RSIEH was founded in 1997 and was incorporated in 2008. They created a profile page with the Better Business Bureau (BBB) in 2004, according to the organization. In total, the BBB has received 41 complaints against Rausch, Sturm, Israel, Enerson & Hornik, LLP. In the past year, three of those complaints have been closed against the law firm. Many of these complaints involve unfair collection practices, such as calling borrowers multiple times a day or at inappropriate times of the day.

What Are Your Rights if You Have Been Sued by RSIEH?

Many people do not understand that when they are sued by RSIEH, or any debt collector for that matter, that they have rights. The Fair Debt Collection Practices Act (FDCPA) governs debt collection companies, as well as the law firms that represent them in lawsuits. The FDCPA protects borrowers from many unfair collection practices and provides them many rights. Under this Act, debt collection companies are not allowed to:

• Phone you at work if you are not allowed to receive calls
• Phone you at inconvenient times, such as very early in the morning or very late at night
• Speak to anyone else about your debt other than your spouse or a lawyer you have hired to represent you
• Use harassing tactics, such as threatening you physically, using obscene language, or calling simply to annoy you
• Lie to you about the debt, such as stating you owe more than you do on a debt
• Threaten you with an arrest if you do not agree to pay the debt
• Collect fees or interest in addition to the debt you owe, with the only exception being if these costs are outlined in the original contract
• Threaten to take, or actually take, your property unless they have a warrant that allows them to do so

The above are just a few rights guaranteed by the FDCPA. Any time a debt collector such as RSIEH violates the law, you can file a lawsuit against them in either federal or state court. Within your lawsuit, you can pursue any actual damages you sustained. For example, if your boss fired you because RSIEH continued to call you at work, you can sue the company for your lost wages. You can also recover your attorney’s fees. You can also be awarded up to $1,000 in statutory damages.

The Importance of Responding to a Lawsuit Filed by RSIEH

When Rausch, Sturm, Israel, Enerson & Hornik, LLP files a lawsuit against you, they are generally hoping that you will ignore it. They have good reasons for such hope. Many people ignore these lawsuits, hoping they will simply go away. Unfortunately, that is not the case.  When RSIEH, or any other debt collector, files a lawsuit against you and you do not respond, they can obtain a default judgment against you.

A representative from the law firm will appear in court and when you fail to do so, they will ask the judge for a default judgment. Without you being there to defend your case,  the judge will likely grant that default judgment. Once they do, the debt collector then has the right to take legal action against you, whether that is garnishing your wages, freezing your bank account, or even placing a lien against your property.

When is a Debt Time-Barred?

There are many defenses to lawsuits alleging you owe a debt and the statute of limitations is one of the best. In Florida, the statute of limitations, or time limit, on debts is five years. This means after that time, debt collectors no longer have the legal right to sue you over a debt. This does not mean they cannot still try to recover the debt, although they are still bound by the FDCPA. It only means they cannot garnish your wages or otherwise take legal action against you.

The statute of limitations begins on the day you take out the debt, or the date of your last payment. After being served with a lawsuit by RSIEH, do not make any payments. The firm is also hoping that you will think paying a little bit will stop the lawsuit from going any further. This is not the case. Making a payment will only restart the clock on the statute of limitations, which will give RSIEH the right to continue on with the lawsuit.

Call Our Debt Defense Lawyers in Broward County for Help with Your Lawsuit

If Rausch, Sturm, Israel, Enerson & Hornik, LLP has filed a lawsuit against you, our Fort Lauderdale debt defense lawyer can help. At Loan Lawyers, we have defended thousands of borrowers against collection lawsuits and we will put that experience and knowledge to work for you. Call us today at (954) 523-4357 or contact us online to schedule a free case review.