How to Beat Mountain Land Collections in Court

February 4, 2024

How to Beat Mountain Land Collections in Court

If you’ve been sued by Mountain Land Collections, use ZumaZip to respond in 15 minutes and win your lawsuit.

ZumaZip makes it easy to win a debt collection lawsuit.

If you are being pursued by a debt collector like Mountain Land Collections, you may be feeling stressed out and anxious about the future. If that was not bad enough, there is a good chance you will get served with a collections lawsuit. If you find yourself in this position, your mind is probably flooded with questions, most importantly, “What can I do to beat Mountain Land Collections in court?” ZumaZip is here to help. The information below provides key tips to help you fight and defend yourself against Mountain Land Collections in court.

Respond to the Lawsuit Filed by Mountain Land Collections

If you get served with a Summons and Complaint by a representative of Mountain Land Collections, it is critically important to respond to the lawsuit and your response needs to be filed in a timely manner.

One of the most common mistakes people make when they are sued by a debt collection company is failing to respond to the Summons and Complaint. Whether you actually owe the debt or believe you were sued by mistake, you need to provide a response to the allegations levied by Mountain Land Collections. In legal terms, your response to the Complaint is known as an Answer.

The reason providing a response is so important is because failing to do so will allow the debt collection company to obtain a default judgment against you. If a default judgment is entered against you, Mountain Land Collections will be authorized to garnish your wages, take money from your bank account, collect attorney’s fees and court costs, and seize your personal property.

ZumaZip makes it simple to respond the right way.

Another important reason to respond to the lawsuit is that many debt collection companies like Mountain Land Collections are assuming you will not file an Answer to the Summons and Complaint. This is because the vast majority of people fail to respond. As a result, when you take the time to provide a response, it actually catches many debt collectors off guard and could even create an opportunity to reach a settlement or out-of-court resolution with the debt collector.

Make Mountain Land Collections Prove That You Actually Owe the Alleged Debt

There is a very good chance the debt claimed in the lawsuit has been packaged, sold, and resold before the current debt collection agency, such as Mountain Land Collections, purchased it and is suing you to try and collect on it. As a result, a strategy for challenging the lawsuit is simply requesting that the debt collection company provide the original signed agreement and a balance on the account from zero to present. In many instances, the debt collection company only has a portion of the statements and likely will not have access to the original signed agreement.

Make Mountain Land Collections Prove that They Filed the Lawsuit Within the Statute of Limitations

As mentioned earlier, many debt collection companies (including Mountain Land Collections) is assuming most people will not actually respond to the collections lawsuit and they will obtain a default judgment. As a result, there are many instances when the debt collection company fails to take the time to confirm that they can legally sue you for the debt. Keep in mind that if the applicable statute of limitations has expired, the debt collector is legally prohibited from suing you on the debt. In most states, a debt collector only has a finite amount of time to sue you for an alleged delinquent debt.

ZumaZip files for you.

If it turns out that the statute of limitations expired, you can raise it as an affirmative defense that could enable you to file a motion to dismiss to lawsuit entirely.

File a Counterclaim Against the Debt Collector

In addition to filing different affirmative defenses in response to the debt collector’s lawsuit, you also have the option to go on offense by filing a counterclaim against the debt collector. A counterclaim could be pursued if the debt collector violated a provision of the Fair Debt Collection Practices Act (FDCPA).

Consumers have the right to file a lawsuit for alleged violations of the FDCPA, such as receiving collection calls before 8:00 AM or after 9:00 PM. If you prevail in this counterclaim, you could be entitled to statutory damages of $1,000, plus punitive and economic damages.

To learn more about how to effectively file a counterclaim, use the tools and resources available through ZumaZip.

If you need assistance on how to best respond to a debt collection lawsuit, consider utilizing ZumaZip.

Takeaways for What To Do When Sued by Mountain Land Collections

Here is what you need to do if you receive a debt collection notice or debt collection lawsuit from Mountain Land Collections:

If you do not recognize or have no idea why you are being pursued for the outstanding debt, be sure to file a formal dispute with the three major credit bureaus (i.e. Transunion, Equifax, and Experian).
Take note of any phone calls made before 8:00 A.M. or after 9:00 P.M, any phone calls made to your place of work, and any use of vulgar or inappropriate language.
Make sure to file your Answer to the Summons and Complaint in a timely manner.
In your Answer, make sure to raise affirmative defenses like the statute of limitations and demand that the debt collection company provide proof of the specific amount owed.
Consider filing a counterclaim for any violations committed by Mountain Land Collections of the Fair Debt Collection Practices Act.

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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