How to Beat Michael J Adams PC in Court

January 30, 2024

How to Beat Michael J Adams PC in Court

Are you being sued by Michael J Adams PC for an outstanding debt? Learn all you need to know about responding to debt collectors and making a defense to win in court.

The recent COVID-19 pandemic has left many people unemployed, and others have experienced significant salary cuts. The economic turmoil has also caused many borrowers to default on loan payments, leaving them at the mercy of debt collection agencies and law firms, including Michael J Adams PC.

If one of their representatives has been hounding you with calls, texts, and emails, chances are you are going to be slapped with a lawsuit soon. Knowing how to defend yourself against a debt lawsuit is critical, so read on!

Who is Michael J Adams PC?

Michael J Adams PC is a debt collection law firm that helps creditors collect a debt. The firm is based in San Antonio, Texas, with lawyers initiating litigation and executing judgment against debtors who have defaulted on payments.

Michael J Adams PC prides itself on firm debt collection policies and the vast experience that ensures clients benefit from its well-thought-out business decisions. The firm has represented renowned creditors, including GE Money Bank, Try Capital LLC, American Express Bank. If Michael J Adams PC is suing you, see below for ways to beat them in court.

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Respond to the Lawsuit Quickly to Avoid Default Judgment

The most common mistake debtors make when sued is to ignore the summons and complaint. However, if you owe a debt or have been sued in error, its vital to respond to the allegations.

The debtor must file a response with the clerk of court within 20-30 days. Debtors can respond to the lawsuit in either of the following ways:

File an answer
File a notice of appearance

File an Answer to the Allegations

An answer is a written response to the statements in a complaint that confirms whether you deny, admit, or are not knowledgeable regarding the plaintiff’s assertions. You shouldn’t admit to the statements if you disagree with them. For example, if you’re unsure about the amount owed or the account number listed for the credit card number, your answer should state that you disagree with the allegations.

Filing a response on time ensures that you retain your rights to argue the matter in court and to obtain a notice of future hearings. Be sure to send a copy to the Michael J Adams PC representative and keep a copy for reference.

File a Notice of Appearance to Require a Hearing

A Notice of Appearance is a response that states your intention to appear in court. Delivering a notice of appearance prevents the court from entering a default judgment without a hearing. Unlike filing an answer, a notice of appearance does not explain your position regarding the lawsuit.

Respond with ZumaZip and win in court.

Request Proof That You Owe the Debt

Buying, servicing, and selling of debt is so common that the original creditor rarely holds debtors accounts for long. Creditors must also enlist debt collection law firms as their last resort when agencies cannot collect the debt.

This means that Michael J Adams PC is unlikely to have the original contract you signed with the creditor. According to the Fair Debt Collection Practices Act (FDCPA) and state debt collection statutes, if a debt collector or collection law firm sues you, it must:

Attach to the complaint a written contract, an agreement, or a copy of the account or state why the document hasnt been attached
Attach proof of assignment

If it can’t provide either of the documents, the court may dismiss the case. Alternatively, you can ask the court to require the debt collection firm to provide the missing documentation. This is called requesting a more definite statement. Debtors are required to file a formal motion with the court in either of these scenarios.

Its important to note that you must request that the firms representative sends the proof within 30 days of receiving the debt’s initial written notice. Once the law firm gets the letter, it must:

Stop any debt collection activity, including filing or continuing the lawsuit.
Provide the requested proof

The good news is that theres no time limit for the law firm to respond. As such, if a year passes without the debt collection firm showing proof, they cant resume the lawsuit or write to you demanding payment.

If the debt collection firm fails to provide proof of assignment and continues to demand payment, you can file a counterclaim in a state or federal court. Some states allow debtors to counter sue for damages against the creditor for failing to verify the debt. If successful, you get $1,000 for every lawsuit and are compensated for court costs, attorney fees, and damages.

Make the right defense the right way with ZumaZip.

You Can Make the Right Defense to Win Against Michael J Adams PC

Submitted Payment of the Debt in Part or Full as a Defense

Payment makes an excellent defense in any debt collection lawsuit. It is still a valid defense if you paid a different party, such as the original creditor after your name has been forwarded to Michael J Adams PC. If the creditor hasn’t alerted the law firm and youve been sued, you can assert payment as a defense. The amount can be in part or in full.

Mistaken Identity or Identity Theft as a Defense

This is a valid defense if the debt for which youre being sued isn’t yours. Mistaken identity occurs when the debt collection law firm mistakes you for someone else with the same name or other identifying information.

Identity theft happens when a person steals your name and personal information to open credit accounts in your name. Since the onus of proof lies with the plaintiff to prove that you owe the debt, you can deny the charge based on either of these defenses.

Statute of Limitations as a Defense

The debt may be too old to be enforced. According to state law debt, collectors and law firms have a limited time to file lawsuits against debtors. The period varies by state ranging from three to twenty years.

If the statute in your state is five years for your debt and this time has elapsed, the statute of limitations is a valid defense. You should avoid making payment before the period lapses as it resets the time all over again.

If Michael J Adams PC is suing you, you do not have to be intimidated. Make sure you file your answer on time to avoid a default judgment. You can use any of these defenses when responding to a lawsuit for nonpayment of debt, and it always pays to consider hiring a lawyer to assist you with navigating these defenses if you have the funds to do so.

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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