How do I file a collection defense law claim?

Filing a collection defense law claim in New York is an important step to take if you have been sued by a debt collector. In order to file a claim, you must first fill out a form called a “complaint,” which outlines the facts of your case and lays out the legal basis for your claim. You can obtain this form from the courthouse in your county and must have it notarized before submitting it. Next, you will need to prepare an answer to the complaint. This is your opportunity to explain why the debt collector is incorrect in filing the lawsuit against you. You must submit your answer within 20 days of receiving the complaint or the court will assume that you agree with all of the debt collector’s claims. Once both the complaint and the answer have been filed, a hearing will be scheduled. At the hearing, both parties will be able to present their arguments and evidence to the judge. The court will then make a decision based on the merits of the case and the law. Finally, if the court finds in your favor, it will enter a judgment in your favor. This judgment will state that the debt collector’s lawsuit was wrongfully filed and you will no longer be required to pay the money in question. If the court finds in the debt collector’s favor, however, you will be responsible for paying back the debt plus court costs and legal fees.

Related FAQs

What is a Creditor Bill of Rights?
How do I know if a debt collector is legitimate?
Are there any restrictions on when a debt collector can call me?
What can a debt collector do if I file for bankruptcy?
Can I settle my collection defense law case out-of-court?
What is collection defense law?
How do I determine if a debt collector is in violation of state collection laws?
Who can I hire to represent me in a collection defense law case?
Can a debt collector garnish my wages?
What can I do if I am the victim of illegal debt collection practices?

Related Blog Posts

A Beginner's Guide to Collection Defense: What You Need to Know - July 31, 2023
What is the Fair Debt Collection Practices Act and How Does It Affect Your Rights? - August 7, 2023
How to Challenge Unfair Collection Tactics - August 14, 2023
Common Collection Defense Strategies that Could Help Your Case - August 21, 2023
Understand Your Rights: What You Need to Know About Collection Defense Law - August 28, 2023