How to Respond if DNF Associates Sues You

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DNF Associates, LLC, is a debt collection company and they file multiple lawsuits against Floridians every year. Like other debt collectors, DNF Associates, LLC purchases debts from medical centers, creditors, utility companies, and more for just pennies on the dollar. Once they have bought the debt, they then pursue it and try to collect it from the borrower. After they have recovered the debt, they can then keep the proceeds for themselves.

One way in which DNF Associates, LLC and other debt collectors recover the debt borrowers owe them is to file a lawsuit against the consumer. If they are successful with their lawsuit, they can then garnish the wages of the borrower, levy their bank account, and take other legal action to collect the debt. If you have been sued by DNF Associates, do not panic. Our debt defense lawyer in Fort Lauderdale can prepare a defense that will give you the best chance of a successful outcome.

Who is DNF Associates, LLC?

DNF Associates, LLC is a third party debt collector based in New York. The company typically uses Stenger & Stenger to file lawsuits against borrowers. Still, just because they are located in New York does not mean their lawsuits are limited to that state. The collection company also files lawsuits against borrowers in Florida, and throughout the rest of the country.

The main attorneys in lawsuits filed by Stenger & Stenger are Joe Jammal, Preston Nate, and Joshua Stiers. The attorneys are quite reasonable and easy to work with. However, it is still important to work with a Fort Lauderdale debt defense lawyer who has the necessary experience working with these attorneys.

Defenses in DNF Associates, LLC Lawsuits

You may think that if DNF Associates, LLC has filed a lawsuit against you, there is no chance you will win. Fortunately, that is not the case.

A debt defense lawyer will know the arguments that work in these cases, and they include:

• Lack of standing: Before DNF Associates, LLC can file a lawsuit against you, they must have legal standing. This means they have a right to sue you because they have something to lose. In other words, they must own the debt you owe. Many debt collection companies do not have the paperwork to prove that they have standing. If you do not raise this defense, the courts may overlook the fact that the debt collector cannot produce the paperwork. If you do argue that the debt collector cannot prove that they own the debt, it may be enough to have the case against you dropped.
• You do not owe the debt: If you have paid the debt already or the debt collector is arguing that you owe more than you do, that can also serve as a defense.
• Fraudulent debt: It is not something many people want to think about, but sometimes a person’s credit card or even their identity is stolen. This can result in someone else racking up debt in their name, and the victim is later found not to be responsible for the debt.
• Incorrect service process: After DNF Associates, LLC files a lawsuit against you, they must serve you with the paperwork. Florida law outlines very specific procedures when serving someone with a lawsuit. If the company did not follow proper procedure, that can serve as a defense. Unfortunately, this will likely only stall the lawsuit and not keep DNF Associates from filing another lawsuit against you in the future and following the proper procedure when they do.
• Expired time limit: Most lawsuits in Florida are governed by a statute of limitations. This is the amount of time the plaintiff has to file a lawsuit. If DNF Associates, LLC allows this time limit to expire, they cannot take legal action against you. It does not mean that they cannot contact you to try and collect on the debt. It only means they cannot file a lawsuit against you to obtain a judgment that will allow them to garnish your wages or take other legal action.
• Bankruptcy: Although this is a last resort for most people, bankruptcy can provide a defense in debt collection lawsuits. As soon as you file bankruptcy, an automatic stay is issued. An automatic stay will prevent debt collectors and creditors from contacting you and trying to collect on the debt. If your bankruptcy case is successful, it may also discharge the debt the debt collector is trying to recover from you.

What to Do if DNF Associates, LLC Has Sued You

DNF Associates, LLC files lawsuits against thousands of people in the country in the hopes that they will not respond to it. They have good reason for thinking borrowers will not respond, as many do not. If you do not respond to the lawsuit within 20 days, the company will likely ask the court to issue a default judgment against you. They will also likely be successful with their request. A default judgment will automatically allow the company to garnish your wages, levy your bank account, and take other harmful legal action against you.

Before responding to the lawsuit, you should also contact a Fort Lauderdale debt defense lawyer. An attorney can prepare the defense that will give you the best chance of winning and prevent any further legal action against you. Additionally, a lawyer can also advise on whether the debt collector violated the law.  There are many laws that protect borrowers in the country, involving the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Florida Fair Debt Collection Practices Act. If the debt collector has violated any of these laws, you may be able to file a countersuit against the company to collect damages.

Our Debt Defense Lawyer in Fort Lauderdale Can Advise on Your Case

If DNF Associates, LLC has filed a lawsuit against you, our Fort Lauderdale debt defense lawyer can help. At Loan Lawyers, we know the strongest defenses to use in these cases that will give you the best chance of a positive outcome. Call us today at (954) 523-4357 or contact us online to schedule a free review of your case.