Sued by Surf Consultants in Florida?

Of all the debt collectors in Florida and throughout the rest of the country, Surf Consultants is just one. Still, this company aggressively pursues debt that has not been paid by borrowers and to do this, they will often file lawsuits against debtors. If you have received a summons or other notification that Surf Consultants has sued you, it is natural to panic and become worried about your financial future.

However, just because Surf Consultants has filed a debt lawsuit against you does not necessarily mean that they will be successful with it. A Fort Lauderdale debt defense lawyer can prepare a defense for your case and give you the best chance of a successful outcome.

Who is Surf Consultants?

Surf Consultants is not the largest debt collector in Florida or throughout the country, but that does not mean they do not pursue borrowers aggressively. Surf Consultants only has one employee across their locations and the key principal is Steven B. Sprechman. The company mainly files debt collection lawsuits throughout South Florida and they are usually represented by Sprechman and Associates.

How to Know if Surf Consultants Has Sued You for Debt

Any time a person or company files a lawsuit against another individual, they must serve them with the lawsuit papers. These papers typically include the complaint, or the allegations against the person the lawsuit was filed against, and a summons, which clearly states in which court the lawsuit will be heard.

All lawsuits in Florida must be served by either a sheriff of the county or a special process server who is authorized by the rules of civil procedure. If someone has come to your home and asked you to sign legal papers, it means they have served you with a lawsuit. The most important thing to do at this point is to give the lawsuit the attention it deserves and to ensure you do not simply ignore it.

If you ignore the debt lawsuit, Surf Consultants can obtain a default judgment against you, which would allow them to garnish your wages or seize your bank account. The company, like all debt collectors, is hoping that you will ignore the lawsuit as so many borrowers do so they can take this legal action right away. Truthfully, there may be many defenses available in your case, but you can only use them if you respond to the lawsuit appropriately. Usually, you have only 20 days to do this.

Defenses Available in Debt Collection Lawsuits

It is frightening to receive notification that a debt collector has filed a lawsuit against you, but it does not mean they will automatically be successful with it. There are many defenses borrowers raise to give themselves the best chance of success in debt-collection lawsuits. The most common of these defenses include:

• Improper service: Again, any time a person or company files a lawsuit against another person, they must follow a very specific process. When they fail to follow this specific procedure, the service is not lawful and this can provide a defense to the lawsuit. If you are alleging improper service, you must state this within your response to the complaint and the summons.
• Statute of Limitations: Like so many other legal issues, debt collection lawsuits are governed by a statute of limitations or time limit. In Broward and Miami-Dade Counties, this is five years from the date of the last payment. For example, if you have held a certain debt for several years, and you made a payment six months ago, the clock on the statute of limitations has only been ticking for six months. Even if you have carried the debt for more than five years, the statute of limitations has not expired because you made a payment within that time.
• Violations of the FDCPA: All debt collection practices in Florida, and throughout the rest of the country, are governed by the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits very specific actions on the part of debt collectors to protect borrowers from unfair actions. Under this law, debt collectors cannot call you multiple times in a day or week, call at certain hours, contact your family members, friends, or anyone else regarding your debt, or take other specific actions. If they do, not only can it serve as a defense in your lawsuit, but you can also take legal action against them to recover statutory damages.
• Lack of standing: Debt collectors must have a legal right, known as standing, to file a debt lawsuit against you. This may sound obvious but many times, companies such as Surf Consultants lack standing, and therefore, they do not have the right to sue you. This occurs very commonly in debt collection lawsuits because debt collectors do not only purchase debt from creditors and financial institutions but from other debt collectors, too. Debt often changes hands many times before a lawsuit is filed and so, a debt collector often does not own the debt when they file the lawsuit. This is a lack of standing and it is a very common defense.
• Debt was paid: Again, it sounds obvious that when a debt is paid, you cannot be sued over it. However, it happens all the time. Most often, this occurs when a borrower has paid the original creditor and is then sued by a debt collector for the same debt. Even if you have paid the wrong party, payment of the debt in full is a very strong defense to debt-collection lawsuits. Usually, in these cases, the debt collector is ordered to recover the debt from the original creditor.

Determining which defense is best for your case against a debt collector is not easy. A debt defense lawyer in Broward and Miami-Dade Counties can review the facts of your case and determine which argument will work best.

Our Debt Defense Law Firm in South Florida Can Provide the Sound Legal Advice You Need

If you have been sued by Surf Consultants, our Broward and Miami-Dade County debt defense lawyers can provide the legal advice you need. At Loan Lawyers, we have helped thousands of borrowers obtain a successful outcome with their debt collection lawsuits and we want to help you, too. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.