I got a letter from a lawfirm in utah Kendall Farr, for a Recovery debt collections. Wanted to proceed without formal litigationThe letter said he wants me to amicably resolve the amount but heard nothing from me, this is the first letter. He wants me to contact him so they can do this without formal litigation by one week or he will proceed with litigation. Then goes to say its from a debt collector and about the 30 days of the letter. What could should I do? Attorney answers (2)
I recommend that you save the letter and the envelope it came in. Do not mark on it at all (if you haven't done so). Although you did not state whether the account was for consumer (rather than business) purposes, if it is a consumer account. You should consult with a UT attorney who routinely represents consumers in Fair Debt Collection Practices Act ("FDCPA") cases. A useful resource for locating attorneys who represent consumers and do not represent any businesses against consumers is www.NACA.net. If UT attys are listed on AVVO, you can use AVVO to select the most experienced attorney and begin your search there.
Good luck. I am not admitted in UT and nothing above is intended to establish an attorney-client relationship. Rather, this information is intended for educational purposes.
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If you get sued the first thing you need to do when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer. I recommend you go to the free form I have on my website at www.escapedebtnow.com . Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you. Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3. Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is… When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully. Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away! Good Luck! Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Find Debt Collection Lawyers |