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Hiddencreditrepairsecrets.com
             Presents

 Suing Collection Agencies - Discover
the 6 Things You Need to Know Before
            Going to Court
Just to let you know that collection
 agencies are no dif ferent than credit
   bureaus when it comes to suing in
  court. However, before you take the
legal step to sue in small claims court,
  there are six things you must know
      right before filing a lawsuit.
Suing Collection Agencies - 1 - Know who serves
       the collector with the complaint.

  Anyone not af filiated with the case may serve
 the bureau, but you are responsible for having
     the complaint served. Once you file, the
   complaint has to be served right away, and
proof of delivery must be filed with the court 10
days from the court hearing date. You can use a
 sherif f, a third - par ty not involved in the case,
or a process server. You can also send it by mail
  with a certified return receipt. When mailing,
    make sure you ask for restrictive delivery,
meaning a register agent for the company needs
  to sign for the complaint and check with your
            court for serving procedures.
Suing Collection Agencies - 2 - Know how to
find a register agent (a representative of the
     company) for the collection agency.

Go to the Secretary of State website where
   the company is based, and do a name
search. If the company is out of state, then
 you need to look for their register agent in
your state. Once you find the agent, you can
    have them served with the notice of
    complaint. Do a search on the Better
  Business Bureau website and Google for
  resident agent to locate the agent of the
                 business?
Suing Collection Agencies - 3 - Know how to
             prepare for the trial.

You can prepare your evidence by getting a copy
     of the laws, outlining your argument, and
  learning what the collector may present at the
   day of court. Thoroughly organize and study
     your evidence. You will need to prep your
 witnesses, put your recordings in order, review
   your journal of notes from the collector, pull
   your phone records, and review any medical
 records for proof of emotional distress. Review
       the laws that were violated and take a
 highlighted copy with you to court for the judge
   to review. Outline the events that took place
 step-by-step. You can even practice presenting
 your argument to the judge in front of a mirror.
Suing Collection Agencies - 4 - Know what goes
               on in the hearing.

 You should arrive early and dress professional,
  as there will be others in the court also trying
 their cases. The clerk will call the role from the
docket to see who is there. If only the plaintif f is
  present (meaning you), the judge will issue a
     default judgment awarding you the case
   automatically. If the defendant ( collection
agency) is the only person to show up, the case
will be dismissed. The judge will ask the parties
   to try in settle their matter with a mediator
waiting outside in the hallway. If a settlement is
 unsuccessful, your case will be heard in order.
When your case is called, you and the defendant
  will present arguments to the judge, and after
  hearing both sides of the story, the judge will
  deliver a decision right away or later by mail.
Suing Collection Agencies - 5 - Know what
happens if I don't win the case? Know if you
            risk losing anything.

 If you don't win your case, you may have to
pay the defendant's attorney fees if the small
claims court in your area allows those fees to
     be collected from the defendant (the
  company you are suing), so check with the
  small claims court about this issue before
 filing your case. Furthermore, you will lose
  your filing fee, and any money you used to
    bring the case to court. In addition, the
  defendant can try to collect any fees, they
    accumulated trying to defend the case
                   against you.
Suing Collection Agencies - 6 - Know if you
lose, will any fees be added to your negative
               account balance.

No. There will be no additional fees added to
  your balance, unless the original contract
you signed with the creditor allows for legal
   fees to be collected. Read through your
   contract before taking your collector to
  court to better understand what they can
 collect if you lose the case. Now if you are
suing the creditor bureau, then their general
 fees to defend against the suit will apply in
                 this situation.
Being prepared for small claims court is a big
  factor on how your case will turn out. So pay
attention to the six tips mentioned in this ar ticle
 before you enter the legal arena. Now that you
 are empowered with more information, go out
              there, and take action.
If you are ready to say goodbye to
 credit rejection and debt collectors,
 visit hiddencreditrepairsecrets.com
and sign up for the Free 8-Day E-Credit
  Repair Course, and claim your Free
 Gift-60 minute Podcast on Rebuilding
              Your Credit


Hiddencreditrepairsecrets.c
            om

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Suing collection agencies discover the 6 things you need to know before going to court

  • 1. Hiddencreditrepairsecrets.com Presents Suing Collection Agencies - Discover the 6 Things You Need to Know Before Going to Court
  • 2. Just to let you know that collection agencies are no dif ferent than credit bureaus when it comes to suing in court. However, before you take the legal step to sue in small claims court, there are six things you must know right before filing a lawsuit.
  • 3. Suing Collection Agencies - 1 - Know who serves the collector with the complaint. Anyone not af filiated with the case may serve the bureau, but you are responsible for having the complaint served. Once you file, the complaint has to be served right away, and proof of delivery must be filed with the court 10 days from the court hearing date. You can use a sherif f, a third - par ty not involved in the case, or a process server. You can also send it by mail with a certified return receipt. When mailing, make sure you ask for restrictive delivery, meaning a register agent for the company needs to sign for the complaint and check with your court for serving procedures.
  • 4. Suing Collection Agencies - 2 - Know how to find a register agent (a representative of the company) for the collection agency. Go to the Secretary of State website where the company is based, and do a name search. If the company is out of state, then you need to look for their register agent in your state. Once you find the agent, you can have them served with the notice of complaint. Do a search on the Better Business Bureau website and Google for resident agent to locate the agent of the business?
  • 5. Suing Collection Agencies - 3 - Know how to prepare for the trial. You can prepare your evidence by getting a copy of the laws, outlining your argument, and learning what the collector may present at the day of court. Thoroughly organize and study your evidence. You will need to prep your witnesses, put your recordings in order, review your journal of notes from the collector, pull your phone records, and review any medical records for proof of emotional distress. Review the laws that were violated and take a highlighted copy with you to court for the judge to review. Outline the events that took place step-by-step. You can even practice presenting your argument to the judge in front of a mirror.
  • 6. Suing Collection Agencies - 4 - Know what goes on in the hearing. You should arrive early and dress professional, as there will be others in the court also trying their cases. The clerk will call the role from the docket to see who is there. If only the plaintif f is present (meaning you), the judge will issue a default judgment awarding you the case automatically. If the defendant ( collection agency) is the only person to show up, the case will be dismissed. The judge will ask the parties to try in settle their matter with a mediator waiting outside in the hallway. If a settlement is unsuccessful, your case will be heard in order. When your case is called, you and the defendant will present arguments to the judge, and after hearing both sides of the story, the judge will deliver a decision right away or later by mail.
  • 7. Suing Collection Agencies - 5 - Know what happens if I don't win the case? Know if you risk losing anything. If you don't win your case, you may have to pay the defendant's attorney fees if the small claims court in your area allows those fees to be collected from the defendant (the company you are suing), so check with the small claims court about this issue before filing your case. Furthermore, you will lose your filing fee, and any money you used to bring the case to court. In addition, the defendant can try to collect any fees, they accumulated trying to defend the case against you.
  • 8. Suing Collection Agencies - 6 - Know if you lose, will any fees be added to your negative account balance. No. There will be no additional fees added to your balance, unless the original contract you signed with the creditor allows for legal fees to be collected. Read through your contract before taking your collector to court to better understand what they can collect if you lose the case. Now if you are suing the creditor bureau, then their general fees to defend against the suit will apply in this situation.
  • 9. Being prepared for small claims court is a big factor on how your case will turn out. So pay attention to the six tips mentioned in this ar ticle before you enter the legal arena. Now that you are empowered with more information, go out there, and take action.
  • 10. If you are ready to say goodbye to credit rejection and debt collectors, visit hiddencreditrepairsecrets.com and sign up for the Free 8-Day E-Credit Repair Course, and claim your Free Gift-60 minute Podcast on Rebuilding Your Credit Hiddencreditrepairsecrets.c om