Posted On: April 22, 2012 by Watts & Herring, LLC

What to Do When You Have Been Sued By A Debt Buyer

It can be frightening to be sued by a debt buyer in Alabama (Asset Acceptance, LVNV, Midland Funding, Portfolio Recovery Associates, Unifund, etc.), especially one you have not heard of before the suit.

If this happens, the first thing to do is request our free report, The Five Secrets Debt Buyers Don’t Want You to Know. The report will give you a better understanding of what you will face when dealing with a debt buyer by exposing five secrets that debt buyers hope you never discover. Let us know you want this free report by completing our "Free Consumer Book" page, and we will email it to you right away. (Please note: This offer is not valid for anyone employed by debt collectors, debt buyers, or collection law firms.)

Second, remember that the debt buyer bears the burden of proof since it has brought the suit, and also remember that just because you have been sued does not mean you will lose the suit. The debt buyer must prove that you owe money not only to the debt buyer, but also to the original creditor. (Capital One, Bank of America, Chase, etc.)

Third, if you have been served in Alabama District Court (or Small Claims), you have 14 days from the date you were served to answer the lawsuit. If you have been served in the Alabama Circuit Court, you have 30 days from the time of being served to answer the lawsuit. Before making a decision, be sure to request our free report and the other information we will send you. Please note: If your time is running out to answer, you need to make a decision and take action before your time expires.

Fourth, although bankruptcy is a valid option to consider, it is normally not your only option. Consequently, many Alabama consumers file bankruptcy when they could have likely defeated a bogus debt buyer lawsuit. You have likely received many letters from bankruptcy attorneys. Definitely look at the information they sent you to decide if that is a good option, but always consider the option of fighting the debt buyer lawsuit.

Finally, if you are successful in your collection lawsuit, many good things happen. For instance, you should not receive any more calls or letters related to this debt from the debt buyer, or any other collectors. In addition, your credit report should be cleared of the debt buyer’s account as it relates to this lawsuit. If your credit report is not corrected when an investigation has been requested or you continue to get calls, you may be entitled to money damages against those responsible parties. All this because you won your debt buyer collection lawsuit.

Of course, being sued is no fun, but you have the opportunity to look into your options and turn the negative experience of being sued into a positive result for you. Contact us today by calling us at 205-879-2447 to learn more about your rights and options when you have been sued in Alabama by a debt buyer.