Continuing our series on a typical lawsuit filed against a debt collector under the Fair Debt Collection Practices Act (FDCPA), after the defendant is served, it has two choices if it wants to not settle the case.
Either file an answer or a motion to dismiss.
In our next post we will discuss a motion to dismiss in more detail but in essence what a motion to dismiss says to the court is “There is no way the consumer can win so throw the case out of court.”
In an answer, either filed after being served or after a motion to dismiss is denied, the defendant admits or denies the allegations made in the lawsuit. We will cover this in Part Six of our series.
If you live in Alabama and are dealing with debt collectors or have any questions about your rights under the FDCPA related to a debt collector, please feel free to pick up the phone and call us at 205-879-2447 for an appointment or you can contact us through this blog or through our website.
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