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Receiving notice that Absolute Resolutions Investments, LLC has filed a lawsuit against you is scary. You may worry that your wages will be garnished, or that the company will be able to take other legal action against you. However, now is not the time to panic. You can fight back against the lawsuit and win your case in court. Our Fort Lauderdale debt defense lawyer explains how to be successful with your case.
What is Absolute Resolutions Investments, LLC?
Absolute Resolutions Investments, LLC, is one of the biggest debt collection companies in the country. They purchase debt from creditors such as credit card companies and hospitals for pennies on the dollar and then they vigorously pursue the debt. They are entitled to keep any debt they recover once they have purchased it.
While Absolute Resolutions Investments, LLC is a debt collection company, they usually file their collection lawsuits using the name Stenger & Stenger, P.C. The attorneys listed within these lawsuits are often Preston Nate, Joe Jammal, and Joshua Stiers. If you have received a Summons from the company, you should look for these names, particularly if you are unsure of who is suing you.
Filing Your Response
The worst thing you can do when facing a lawsuit is ignore it. You do have the opportunity to respond to the summons, and you should. Do not admit to owning the debt, as Absolute Resolutions has the burden to prove the debt is yours. A lawyer can file your response to the court and send a copy of the certified response to the debt collection company.
If you do not respond to the lawsuit, Absolute Resolutions will likely pursue a default judgment against you, and there is a good chance they will be successful. A default judgment means the company will automatically win their case and may obtain a judgment to garnish your wages or your bank account.
Make Absolute Resolutions Investments, LLC Prove Their Case
After the collection company files their lawsuit and you respond, they have the burden of proof to show that you owe the debt. They must also prove that they own the debt and have the legal right to try and collect on it. This is often where the debt collection company runs into trouble. Absolute Resolutions Investments, LLC is known for filing lawsuits even when they cannot prove they own the debt and so, it is important to raise that point as part of your defense. The company must also prove that you owe the amount of debt they are asking for.
To prove their case, Absolute Resolutions Investments, LLC must present strong evidence, such as documentation that they purchased the debt from the original creditor. If they cannot provide this, you can use that fact to settle your debt or eliminate it altogether.
Understand the Statute of Limitations
The statute of limitations is often used as a defense in lawsuits filed by Absolute Resolutions Investment, LLC. The statute of limitations governs the amount of time the debt collection company has to file a lawsuit against you. In Florida, the statute of limitations on debt is five years. However, using this defense can become complicated, as the clock on the statute of limitations does not always start when you took out the debt.
The statute of limitations typically starts on the last day there was activity on the account. Many people become so scared after receiving notice of the lawsuit that they make a payment immediately, hoping that will stop legal action. In most cases, it will not. Instead, it could hurt your case because the lawsuit may now be legitimate under the statute of limitations.
Filing a Counterclaim
Your debt has likely changed hands many times before Absolute Resolutions Investment, LLC purchased it. As such, they often cannot provide the documentation that shows they can legally collect on the debt. If the company cannot prove that they own the debt and that you owe it, you can file a counterclaim against them.
Through a counterclaim, you can pursue damages for any expense the lawsuit costs you, such as your attorney’s fees. If the company also violated the Fair Debt Collection Practices Act, you can also ask for additional damages.
Know Your Rights
You have many rights under the Fair Debt Collection Practices Act, but debt collection companies do not always uphold them. Some of the most common ways Absolute Resolutions Investment, LLC violates the law include:
- Demanding you repay more than you owe
- Demanding that you pay fees, including interest, that were not in the original agreement
- Contacting you repeatedly
- Using abusive, obscene, or threatening language
- Calling at certain hours that violate the law
- Calling at times that are obviously inconvenient
- Threatening violence if you do not repay the debt
- Talking to third parties about the debt
- Calling you at work
Determine if You Want to Settle
Even if your counterclaim is accepted, you may still be found responsible for repaying at least a portion of the debt. If your counterclaim is not accepted or you do not have one, you will have to decide whether to settle your debt or fight it in court. Sometimes, settling the debt is better. If you fight the case in court and lose, you may be found liable for repaying the entire debt. On the other hand, if you have a valid defense, you may want to fight the case in court. If you win, it may be possible to eliminate the entire debt and force Absolute Resolutions Investments, LLC, to remove the debt from your credit report.
Our Debt Defense Lawyers in Fort Lauderdale Can Help with Your Case
If you have been sued by Absolute Resolutions Investments, LLC, our Fort Lauderdale debt defense lawyers can provide the sound legal advice you need. At Loan Lawyers, our skilled attorneys have gone up against this debt collection company many times and won, and we want to put that experience to work for you. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
