How to Beat Fulton Friedman & Gullace LLP in Court

April 24, 2024

How to Beat Fulton Friedman & Gullace LLP in Court

Are you being sued by Fulton, Friedman, & Gullace for an past due debt? Make the right defense and win your case in court.

When you are past due on a debt, the creditor may assign your debt, or sell it, to a debt collector. This agency will then attempt to collect on that debt. In many cases, you will find yourself being sued. This can be a scary time. Credit card debt delinquency is no joke.

If your debt payments have fallen short, you will be contacted by debt collectors and they may use threatening language. They might call you, threaten to seize your assets, or humiliate you and discuss your debt with your friends or boss. If this happens, you may not know how to respond, but you need to know your rights and how to respond appropriately.

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Who is Fulton, Friedman & Gullace, LLP?

Fulton, Friedman & Gullace, LLP is a debt collection law office. They are located out of Rochester, New York, and have been working since 2008. Many consumers have reported being harassed by Fulton, Friedman & Gullace, LLP. They have turned to the courts to protect their rights.

In late 2011 and early 2012, a California resident allegedly defaulted on a credit card debt. This was assigned and then turned over to Fulton, Friedman & Gullace, LLP to collect the debt. When Fulton, Friedman & Gullace, LLP filed a lawsuit against him, he asked for a validation request. This was not provided until the debtor would provide his bank account details. Hastily he gave these details with explicit directions not to take money out of his account. Fulton, Friedman & Gullace, LLP did not listen, never offered a written agreement, and took out $335 from his bank account. This is a harassment suit.

Violations of the FDCPA

The FDCPA (Federal Debt Collection Practices Act) protects consumers against unfair debt collection tactics. These might include:

Failing to validate the debt
Using false, or misleading means to collect a debt
Using unfair means to collect a debt
Attempting to collect an amount that is not legal through the creditor agreement
Harassment or profanity in an attempt to collect
Contacting directly despite already having a lawyer
Calling several times a day
Telling anyone other than spouse about your debt
Refusing to prove that a debt is valid
Claiming to be police officials or government agents

Use ZumaZip and the right defense to protect yourself from creditors.

What to do when being sued by a debt collector

Verify the timeline

When being sued for debt, you need to understand the process. Typically 180 days after the debt is past due you will receive a phone call or letter in the mail. Then within five days of contact, you should be sent a debt validation letter stating how much you owe, as well as other information such as the name of the creditor and how to dispute the debt.

If you feel you do not owe the debt then you can ask the debt collector for a verification letter. This must be sent within 30 days. If you do feel you owe the debt, you will need to respond and figure out how you plan to pay off the debt. This might be paying it completely, looking to set up a payment plan, or negotiating a settlement.

If you do not do any of these options you can be sued. This will lead to a court date, and if you miss the court date an automatic judgment will be ordered against you. This leads to wage garnishment as well as property liens, and more. Therefore, you need to respond to all notices.

Craft your response

Regardless of you believe you owe the debt or not, you will need to respond to the lawsuit. This can be scary, but if you do not respond with an “Answer” you will have a default judgment placed against you. This will also make it impossible to fight the lawsuit.

Respond to a debt collection lawsuit in 15 minutes with ZumaZip.

Challenge the lawsuit

Debt collectors are typically hired by the original creditor after default. If you think that you should not owe the debt, you can challenge the lawsuit. Common reasons for challenging the lawsuit include being the wrong person who is being served, or a debt already being paid. In these cases, you can submit this with your Answer, and the debt lawsuit will usually be taken off. When the debt amount is incorrect, you can ask for proof. You legally have the right to do this, and the debt collector must prove your responsibility.

Another reason why you might challenge the lawsuit is that it is past the statute of limitations. This is the longest amount of time that debt can be legally collected on. Typically this ranges from three to twenty years, but on average is around four to six years. This will depend on the state you are being sued in and what type of debt you owe.

What to bring to a dispute

If you’re disputing the lawsuit, you will need to bring various forms of documentation. This should include information regarding:

Who the creditor is
If the debt has been paid
If the debt is accurate
Proof of how the debt is past the statute of limitations
Any proof of violations of the FDCPA

Accepting the judgment

There are various things that you can do if you decide to accept the judgment or not. If you want to accept the judgment and avoid going to court, you can settle out of court. This can sometimes be done for a lower cost than the total amount. In this case, you may want to threaten bankruptcy to push the suit along. If you have limited wages, then you may be judgment proof. In this situation, it will mean that you do not make enough money, which means that your wages cannot be garnished.

Regardless of what you decide to do, you need to make a decision that is best for you. Debt lawsuits are nothing to mess with, and above all, you must respond. Otherwise, matters will only get worse.

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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