How to Beat Cerastes LLC in Court

March 5, 2024

How to Beat Cerastes LLC in Court

When you’re sued for debt, you don’t have time to waste. If Cerastes LLC is coming after you for debt collection, make a defense fast with ZumaZip.

Millions of Americans are pursued by debt collectors daily. This process is frustrating, stressful, and most Americans simply choose to ignore it. Unfortunately, ignoring a debt collector or debt collection lawsuit is the worst choice you can make. By ignoring a lawsuit you will automatically receive a default judgment on your debt, which can lead to wage garnishment, having your bank account frozen, as well as compounding interest and fees.

If you are being pursued by Cerastes LLC in court, then you have options. Not only should you respond to the debt, but you should work to beat them in their case. Let’s examine what steps you should take to beat Cerastes LLC in court.

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Learn About Cerastes LLC

Cerastes, LLC states that they manage “recoveries on portfolios of charged-off consumer receivables by strategically placing the portfolios with properly licensed collection agencies and law firms.” This means that Ceretes LLC essentially buys your debt, and they may sell it to another company, or seek a judgment to collect on.

After a judgment is obtained, if you do not pay it, you run the risk of Cerastes LLC seeking a percentage of your wages through garnishment, and even freezing your assets. That is why it is best to avoid a judgment altogether, by beating Cerastes LLC in court before it gets to that point.

Respond to Debt Collectors Fast

It may be tempting to avoid responding to a debt lawsuit, but it is incredibly essential to do so. If you do not respond then you have no hope of fighting it. You must respond to have hopes of beating Cerastes LLC in court.

Typically you will receive notice of the lawsuit in the form of a summons. This will be served to you. Once the lawsuit is filed you must submit a paper copy response called an “answer.”

You should remember a few things when responding to the lawsuit:

Respond within 20-30 days as designated on the summons
Never admit liability for the debt
File your Answer with the Clerk of Court and request a stamped copy
Send a stamped copy certified mail to the lawyer of Cerastes LLC

Make the right affirmative defenses when responding to a lawsuit with ZumaZip.

Ask for Proof of the Debt

When asking for proof you are essentially challenging the right of Cerastes LLC to be sued. Typically because Cerastes LLC is a debt-buying firm, your debt has most probably been sold more than once. This means that there may not be proof of the original credit agreement, or documentation of all hands the debt has passed through, which would force the case to be dismissed.

When you are served with debt from Cerastes LLC they take on what is called the burden of proof. This means they will be required to prove:

You are responsible for the debt
They have the right to sue you
That you owe a specific amount

Use ZumaZip to respond to debt collectors and win in court.

Requiring proof of the amount you owe is an essential step in defending yourself against a collection lawsuit. Your goal is essentially to demand that they account for each dollar they are requesting you. This includes:

If the balance was increased when you made purchases
If the balance was increased via fees but only as a part of the original credit agreement
If you did not agree to fees then they cannot legally sue you for them
That the current balance is accurate and reflects all of the payments you have paid on the debt.

Know the Statute of Limitations

Oftentimes the statute of limitations will be anywhere from four to six years. This varies by state, but if your debt has passed this time, then you are not legally liable for the debt any longer. You must understand any activities on the debt will restart the statute of limitations.

Activity on a debt includes:

Making a payment on the account
Drawing funds with a credit card
Using a credit card to make a purchase
Making a payment on the balance

This makes it essential that you do not make payments on an account if you are in debt. Some collection agencies such as Cerastes put a lot of effort to collect even small amounts of the debt in hopes to extend the timeline and file a suit in the future.

File a Countersuit for Damages

The Fair Debt Collection Practices Act(FDCPA) exists to protect consumers from unfair debt collectors and their actions of harassment. If necessary, you can file a countersuit stating how Cerastes has violated the FDCPA. This may force them to back off on their case, or compensate you for related damages to cover your debt.

Common Violations of the FDCPA

Calling repeatedly
Using profane or abusive language
Harassing you of any kind
Calling at inconvenient times, including before 8 am and after 9om
Asking you to pay more on the debt than you owe
Calling at work when they know it is not allowed
Telling a third party other than your spouse about your debt
Failing to announce themselves as a debt collector
Failing to admit the name of the agency they work for (Cerastes LLC)

File Bankruptcy as a Last Resort

If you owe a debt and truly cannot pay it, you may consider filing bankruptcy. Although this should always be a last resort, it can help you if you are suffering multiple forms of financial distress.

Be Ready for the Consequences of Bankruptcy

Lowers your credit score
Very difficult to obtain a loan with low-interest rates or at all
Stays on a credit report for seven years
Might be difficult to obtain housing
You may suffer from finding work
May lose car loan

Beat Cerastes LLC in Court

Fighting a debt in court may seem intimidating, but it is an essential part of moving on with your life. Whatever decisions you make about fighting your case against Cerastes LLC, be sure to respond, and look for any legal loopholes. This will allow you to settle your debt and move on with your life.

What is ZumaZip?

ZumaZip is a convenient solution designed to streamline your response to a debt collection lawsuit. Here’s a breakdown of what you can expect when you use ZumaZip:

Firstly, you’ll access our user-friendly web application, which guides you through the process step by step. You’ll be prompted to answer a series of questions related to your specific situation. Once you’ve completed the questionnaire, you have the option to either print out the finalized forms and mail them to the appropriate courts yourself, or you can opt to utilize ZumaZip’s services to file them on your behalf. Additionally, if you choose this option, an attorney will review your document for added peace of mind.

If you’re seeking guidance on how to effectively respond to a debt collection lawsuit, ZumaZip can provide the assistance you need. Feel free to explore our FAQs for more information on what ZumaZip has to offer.

What if I haven’t been sued yet?

If you’ve only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it’s by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can’t call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Get started with a Debt Validation Letter here.

How to Answer a Summons for debt collection in all 50 states

Here’s a list of guides on how to respond to a debt collection lawsuit in each state:

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Hey there! Facing off against a debt collector can feel like a daunting challenge, but fear not! We’re here to help you navigate through it all with our handy guides designed to assist you in beating every debt collector you encounter. Whether you’re facing a new lawsuit or dealing with a persistent collector, we’ve got your back. Stay positive, stay informed, and let’s tackle this together!

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