Sued by ? These 7 Mistakes Could Damage Your Case.
If has filed a lawsuit against you, it's time to get serious about dealing with your debt. Don't assume it will just go away, or that they can't win because you have no assets. They can do plenty of damage if you don't fight back, even garnishing your wages or your bank account until the debt is paid in full.
Here are the most damaging mistakes consumers make in dealing with lawsuits, along with a little advice on how to avoid these errors.
1. Procrastination
Once you learn that has filed a debt lawsuit against you, respond quickly. You will have 14 – 20 days from the date of service of the initial summons to do so. Don't spend 13-19 days pretending it isn't happening before you rush out a last-minute response. If it's not adequate, or key information is missing, you'll have no time to revise. Start working on your response as soon as you receive your summons.
is actually counting on you to get bogged down by denial and procrastination. In fact they'll be quite happy if you never respond at all. Once the filing date has passed, their lawyers can request a default judgment, awarding the full amount you owe plus any fees and penalties they've added. And if you haven't met the deadline, they will get it.
2. Financial TMI
Consumers sometimes panic during a debt lawsuit and offer way too much information about their personal finances, even more than the court requires. This is not how you should approach the discovery phase of a lawsuit.
Never provide them with more information than they ask for, and make sure their requests for documents are justified by the circumstances of the case. It's a good idea to consult an attorney before you give any of the following:
- Tax returns
- Bank statements
- Investment or trust account information
- Retirement or pension account information
- Life insurance information
- Records on alimony or child support received
In general, your responses should be limited in scope and based on your current income and ability to pay. You do not owe records that cover the entirety of your financial life, especially if they have no relevance to your case.
3. Making requests or responses by phone
Once has filed a lawsuit against you, all further communication with them should take place in writing. Contacting their lawyers by phone – to respond to the suit, answer questions, or negotiate a settlement – is not advised at this stage. Here's why:
- You may unknowingly share information that could damage your case.
- The court does not consider a phone call a valid response to a summons, or to written information requests from 's lawyers.
- Making a settlement agreement by phone won't help you case – you have get it in writing. Until that happens, you're still on the hook for the full amount.
Anytime you are facing a debt lawsuit, or any other type of legal action, it's good to remember that old saying "if it isn't written down it didn't happen." An attorney can help you navigate the communication process with and handle any negotiation needed on your behalf.
4. Continuing to Make Payments
engages in many unfair debt collection practices, like filing lawsuits against consumers who are already on a payment plan. In other words, while you are actively making payments on your debt.
Surprisingly, many consumers will continue to make payments even after files suit. If this is your situation, you may feel that sticking to the payment schedule is a show of good faith, and a way to demonstrate to the court that you are trying to address the debt. While a judge may take this into account, here's why your sacrifice may not be worth it in the end.
- Monthly payments do not prevent from proceeding with the suit, charging you fees or penalties on unpaid balances, or winning a judgment that allows wage or bank account garnishment.
- Ongoing payments could hurt your cause if they create a financial strain, especially if they keep you from hiring an attorney or paying court costs.
- If offers you a settlement, their focus will be on the unpaid balance. You are not likely to receive credit for payments made before or during the lawsuit.
- If your case is dismissed or dropped for lack of evidence, you might not have to repay the debt at all.
5. Confirming the debt
Don't be so quick to confirm the dollar amount that says you owe, even if you believe it might be accurate. This may seem like a small admission, and you may trust their numbers more than your memory. But what you're really agreeing to is that you should pay every penny they're asking for, which may include fees and penalties.
Failure to dispute the amount of the debt, or even ownership of the debt, is one of the most common mistakes consumers make when they represent themselves in a debt lawsuit. Athletes don't admit defeat before the game is played or the race is run, but this is exactly what you're doing when you confirm a debt without proof of its accuracy.
6. Skipping the most important question
One of the most important legal rights consumers have with regard to debt collection and debt lawsuits is one they routinely fail to exercise – the right to request that creditors and debt collectors verify the amount they wish to collect is accurate.
You may assume that since a lawsuit has been filed, must have the paperwork to back it up. And definitely assumes that you'll never ask to see it. But there's a really good reason you should. They might be bluffing.
only buys a limited amount of information about your debt, which does not usually include the support documents they need to justify their actions in court. But since courts do not independently verify this information, the only way you'll know if they're bluffing is to ask for the paperwork yourself.
If can't justify the amount they're trying to collect, their options become limited. They usually settle or just drop the suit. So it pays to ask questions.
7. Going it alone
Only a fraction of consumers sued by ever hire an attorney, and for many, this ends up being the biggest mistake of all. Consumers who go it alone in responding to a debt lawsuit usually do so because they believe they can't afford legal representation. However, they often end up spending more money when prevails in the case.
All of the mistakes mentioned above can easily be avoided simply by having experienced legal council on your side. The John G. Helstowski Law Firm defends consumers dealing with debt lawsuits on a regular basis. We know the accounting tricks and scare tactics their lawyers will use, and how to hold them accountable.
You don't have to face alone. Contact us for a free consultation.
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Approximately one year ago I was facing foreclosure through a reverse mortgage company, this entire staff associate with this law firm worked my case for approximately a year to help me safe my home from being foreclosed. I will be forever grateful for the extra time they put in to assist me through out the entirety of this case. I would highly recommend them to anyone that is facing similar issues they really are like family everyone played a vital role with me winning my case. The open communication, the phone calls to keep me updated on every step of the process was comfirmation to me that I had choosen the right legal team. Thank you all so much for a job well done.
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Inspires great confidence. Can be a real alternative to filing bankruptcy, but will not be for everyone. Call for the free consultation to weigh your options.
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Bankruptcy is not the only way to stop PHH Mortgage foreclosure in Texas
To stop PHH Mortgage foreclosure many Texas homeowners choose to file a lawsuit against PHH Mortgage rather than file a Stop Foreclosure without filing bankruptcy. The J. Gannon Helstowski Law Firm files lawsuits against PHH Mortgage and asks the judge to agree to stop the foreclosure. We offer a Money Back Guarantee that if we do not stop your foreclosure we will refund all the fees you paid us minus the filing fees of the lawsuit. We offer aggressive representation of you against PHH Mortgage.
While each stop foreclosure lawsuit is unique, most follow the same pattern:
File Stop PHH Mortgage Foreclosure Lawsuit
$2500 + Cash Bond + $750 per month until removed to Federal court
We will first gather all the details of your situation and make sure that we believe a successful outcome is possible with PHH Mortgage in our Initial Consultation (IC). If you decide to hire our firm you will be assigned a case manager and attorney to work your case. They will gather the documents needed from you and begin drafting your lawsuit. You will need to be available to answer questions and review a copy of your lawsuit before filing. Once filed, your assigned attorney will appear before a judge to request that a Temporary Restraining Order (TRO) be granted. If the judge signs the TRO, we will pay the bond and notice PHH Mortgage that the foreclosure must be stopped.
Once the TRO is granted we will begin working hard for you to achieve a permanent resolution with PHH Mortgage. Outcomes can include keep your home with a loan modification, keep your home with a refinance, sell your house and keep the equity, possible short sale, leave your house for cash for keys, or stay in your home for a longer duration.
Your Lawsuit is Removed to Federal Court
$1500 + $1500 per month until case is finalized
Often a lender will ask the judge to remove your case to Federal Court. If the judge agrees, it will cost more the pursue your claims against PHH Mortgage. Federal court has many strict guidelines and rules that must be followed to keep your case alive. We will have to represent you in a couple of likely motions that the PHH Mortgage will file in the case. We will answer the Motion to Dismiss and Motion for Summary Judgment for you if you retain us to represent you in Federal Court.
Resolution of your case
While a majority of the cases end in PHH Mortgage offering a loan modification or terms that allow our clients to keep their home, they may not be able to take advantage of the opportunity. Some possible options to resolving the case are:
Permanent Loan Modification to Keep Home – A loan modification maybe offered that allows the homeowner to keep the home at a monthly mortgage payment that they can afford. The permanent modification will replace the existing mortgage with new terms.
Sale of House – By filing a lawsuit against PHH Mortgage, you can possibly negotiate a principal reduction that allows you to sale the home at a small profit. A lawsuit can also possibly allow time to sale the house at a better price.
Short Sale of House – By filing a lawsuit against your lender, you can possibly use the time that allows you to sale the home and avoid more credit problems and a large mortgage deficiency balance.
Cash for Keys – After filing a lawsuit against PHH Mortgage and your other options fail, you may be able to obtain a larger Cash for Keys settlement with the lender.
Staying in Home for an extended time – After filing a lawsuit against your lender and all your other options fail, you have stayed in your property for a much longer duration that may allow you to put yourself in a better position to move on.





