How to Beat Provest Law in Court

April 24, 2024

How to Beat Provest Law in Court

Is Provest Law suing you for a past due balance? Find out how you can win against them in court. ZumaZip.com can help you WIN against Provest

If you have been served with a debt lawsuit, your time to send a debt validation letter has expired, and it is time to get serious about defending yourself in a lawsuit. Although you might believe that sending a debt validation letter may pause the court case, or even act as an Answer, this is not the case.

After you are sued by a debt collector, such as Provest Law, you need to get started on your Answer as soon as possible. If you do not answer then you will automatically lose your case and be given a default judgment. This can allow the debt collector to garnish your wages and take money directly from your bank account to satisfy the debt.

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Prepare an answer to the summons and complaint

When you are served with a debt collection lawsuit you will be given a Summons and Complaint. In these papers you want to look for the following:

When your court date is.
Certification that you were served.
Instructions for answering the complaint, this might be a form to fill out.
Evidence the collection agency is providing. This might include affidavits from the collection agency or documents from your original creditor.
List of allegations.

The most important thing you can do in a debt collection lawsuit is to send an Answer to the Complaint. This means you need to be aware of the due date and be sure to send it before it is up, which is between 20 to 40 days.

After you find the paperwork that contains the complaint, you will need to reply and state whether or not you agree with being sued for debt. If you want to fight the lawsuit, then you can explain why you feel you should not be sued. Answering the complaint is your best chance at fighting the debt even if you do not answer using legal jargon. Be sure to reply within the allotted time or you will automatically lose the case and have a judgment placed against you.

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How to use affirmative defenses

Affirmative defenses are legal reasons why you believe that the complaint should be thrown out of court. These affirmative defenses should be listed at the bottom of your answer after you respond to the allegations. Some of these affirmative defenses include:

Failed to state the basis of the lawsuit: If this affirmative defense you are stating that the debt collector did not cite a law that was violated meaning there is not a legal reason to sue you.
Debt is time-barred: This means that the statute of limitations has passed. The statute of limitations governs how long you can legally be sued for debt. This may range anywhere from two to 20 years, but on average is anywhere from four to six.
Plaintiff lacks legal standing: If the plaintiff has failed to provide legal evidence that they own and can legally collect your debt, they lack legal standing. This typically occurs when the debt collector cannot prove they purchased or were assigned the debt.

Filing your answer with the court

After you have created your Answer, it needs to be filed with the right people. This means you need to send a copy of your filed answer to the courts, as well as the lawyer listed in the complaint. Sometimes you might be sued by a lawyer who is collecting on behalf of a debt collector, or you may be sued by a lawyer who has purchased your debt. Be sure to send this within the time frame of your Answer and by registered mail to ensure you know when it arrives. You can also take them directly to the court and file them with the clerk of court.

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Requests for discovery

In some instances, you may need to file a counter-suit along with your answer. This happens when you feel that the debt collector has violated the FDCPA. You can also ask for a “discovery” which is a request for disclosure of information and documents. This needs to be sent with your Answer. Because this is not the case in every court, you will need to find out what the rules are where you are being sued.

Most courts have online instructions and information so that you can understand what will be expected of you during your debt collection lawsuit. Be sure to read these instructions and know what to expect for your case.

Evidence included in the summons and complaint

When it comes to your summons and complaint often you may be given exhibits, which are documents that are essentially evidence. These might be credit card agreements or affidavits of debt. Most often you can object to this evidence and get it thrown out because it is considered “hearsay”. (Especially if you have digitally signed). If you can get this evidence thrown out, then there will be no evidence to prove the case against you. This means you will beat Provest Law in court.

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Tips for filing your answer

Most often everything will go through the mail when it comes to your debt collection lawsuit. This means you will not need to go in to file your Answer. Instead, everything should be sent through certified mail, with a return receipt requested. One should go to the court, and the other to the lawyer (in this case, Provest Law). You should also send a self-addressed stamped envelope and one extra copy. In case you make a mistake this can save you in your response to avoid a default judgment.

Being sued for debt is never a good situation, but you can save yourself from being served a default judgment, simply by responding. This will save you from wage garnishment and will keep your assets protected. Whatever you do, never admit fault for the debt, and always ask the debt collector to prove your responsibility for the debt, and their right to sue.

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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