How to Beat Howard Lee Schiff in Court

January 14, 2024

How to Beat Howard Lee Schiff in Court

If you’ve been sued for a debt by Howard Lee Schiff, use ZumaZip to respond in just 15 minutes and win your lawsuit.

Being served is never a fun process, and having a debt collector calling you can be extremely stressful. Unfortunately, it is very common to be in debt in the United States.

Many debt collectors tend to use fear as a method of pushing you to pay your debt as quickly as possible. This can lead to ignoring the issue, which eventually leads to a lawsuit in court.

One well-known debt collector that may be calling you is The Office of Howard Lee Schiff, PC. If you are being sued by this debt collector, or if there is already a judgment against you, you have options to fight it.

ZumaZip makes it easy to win a debt collection lawsuit.

About Howard Lee Schiff

The Law Offices Howard Lee Schiff, P.C. is a law office out of Hartford Connecticut. This law firm holds a 1-star rating at the Better Business Bureau. They provide “consumer legal collections for corporations”, which is essentially debt collection.

Throughout the years, the offices of Howard Lee Schiff have been sued for alleged violations of the FDCPA. With reports of unverified debt, the following violations were recorded:

Employing false and deceptive means to collect a debt (15 U.S.C. § 1692e(10))
Continuing collection efforts even though they had allegedly failed to obtain verification of the debt and send it to the consumer once he disputed the validity of the debt (15 U.S.C. § 1692g(b))

ZumaZip files for you.

Know Your Rights

If Howard Lee Schiff, PC is calling you, then you should never agree to unsustainable payment arrangements. This will only add stress to your life. Instead, know your rights.

The Fair Debt Collection Practices Act (FDCPA) was passed in 1977. This law prevents third-party debt collectors from harassing you. There are a few laws that protect you when a debt collector is attempting to collect a debt.

Debt collectors may not:

Yell or use rude language as a form of intimidation.
Call me at work if this is banned.
Call before 8:00 am and after 9:00 pm without your permission.
Lie and state that you may be arrested or imprisoned for not paying a debt.
Disclose details of your debt with any uninvolved third parties.
Continue to contact you after you have requested no contact or you have hired representation.

How to Beat Howard Lee Schiff in Court

There have been many reported instances of beating Howard Lee Schiff with a well-prepared defense. Essentially you have two options. The first is to utilize a strategy of postponing to avoid a judgment altogether. The second option is to head to court and fight. To understand which route is right for you, there are a few avenues you can explore.

Respond to the Lawsuit

The first mistake that many people make when they are being sued for not paying a debt, is a failure to respond. Typically you will be notified as a summons and complaint. Assuming the debt is legitimate, and you cannot afford to pay it, then you may feel like you do not have many options. What is important to remember is that you must respond.

If you fail to respond to a lawsuit brought forward by Howard Lee Schiff, they will automatically receive a default judgment against you. This provides the ability to garnish your wages or take money directly from your bank account. They will also be able to add extra fees to your debt. This might include court costs, attorney’s fees, and huge amounts of interest.

When responding to the lawsuit be sure to abide by the following:

Never admit liability. Instead, force the Law Offices of Howard Lee Schiff to prove your responsibility and debt.
File your answer to the lawsuit with the Clerk of Court.
Send the a copy of the Answer as certified mail to the Law Offices of Howard Lee Schiff.

ZumaZip makes it simple to respond the right way.

Point Out The Statute of Limitations

There is a statute of limitations that govern how long creditors are able to bring a lawsuit for a debt. These statutes of limitations can vary from state to state, but the average ranges between four to six years.

The time period of the statute of limitation will begin on the last day you were active on that account. This activity can be defined in a few ways, such as making a payment, pulling funds from an account, or making a purchase.

After you are in the process of a lawsuit, it is important to avoid making any more payments on the debt. This is because doing so may restart the time period of the statute of limitations.

Challenge their Right to Sue

One option when responding to a debt lawsuit is to challenge their right to file a lawsuit against you. This is because oftentimes the debt may have been sold through multiple debt collectors. If you ask for this documentation, they will be required to provide two main things.

The first proof of documentation is the original credit agreement signed by you. The second is proof that the paperwork for the debt is accurate. This means it will need to have proof that it came from the original creditor.

If they cannot provide this documentation, then they may not legally be able to bring the lawsuit to court. This can push the judge to dismiss the lawsuit.

Push Back on Burden of Proof

If you are going to court against the Offices of Howard Lee Schiff, then they must be able to prove the following:

You are responsible for the debt
You owe the specified amount
They are legally allowed to sue you

Options that you have to demand proof that you owe a specific amount may include showing the following:

That the balance was increased when you had made a purchase
That the balance increased due to fees and charges part of the original credit agreement (if you did not agree to fees, they cannot legally sue you for this).
That the current balance is accurate.
That the current balance reflects all previous payments and adjustments made.

Because some of this documentation may not be possible for the Law Offices of Howard Lee Schiff to bring up quickly, you may be able to have your case dismissed.

File a Countersuit

If the Law Offices of Howard Lee Schiff have violated any clauses in the Fair Debt Collection Practices Act, then you may be able to file a countersuit. In this case, they may be responsible for your legal fees, but you may also be able to seek compensation for other related damages as well.

File for Bankruptcy

If you are suffering from other financial issues, along with owing a debt, then bankruptcy is a file option. When you file for bankruptcy you will be given an “automatic stay”. This means that all of the activity regarding the debt collection activity must stop during these processes. It is good to note that this should only be done in severe cases, as it can severely damage your credit.

Do Not Give Up Hope

When fighting the Offices of Howard Lee Schiff in court you must be strong. Do not give up hope, and continue to hold your ground. Although there is always the opportunity to lose your case, do not give up without a fight.

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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