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DEFENSE AGAINST DEBT COLLECTOR IN COURT

Imran Javed

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Debt collectors are a lot like vultures. Once they sense that you are in trouble, they will keep chasing you until there is nothing left. They shamelessly (and often illegally) harass consumers to pay their debts and ruin hundreds of innocent lives. For consumers, debt is bad enough, but the relentlessly aggressive and degrading phone calls from corporate collectors or third-party vendors can make you feel like you are a serious stalker and you are free to file case against debt collector and for this reason you must know how to beat a debt collector in court.

A credit organization or a bank grants a loan (real estate, revolving, rechargeable, consumer) to one of its customers. However, following unpaid debts, the credit organization or the bank sues its client in order to obtain payment of the unpaid repayment deadlines. The client has interesting procedural weapons to avoid paying under two legal deadlines.

BEST WAY TO PRESENT MY DEFENSES TO THE COURT:

Indeed, no one can no longer ignore that the time limit for bringing an action for payment is contained in a relatively short two-year limitation period of two years. In addition, another ten-year period makes it possible to cancel the claim fixed by court decision under the terms of an order, judgment or judgment, in accordance with the ten-year legal prescription (10 years) attached to court decisions.

First of all, the legislator has established a formidable weapon in favor of customers – consumers. Under the terms of this article, the action for payment of banking and credit establishments is affected by the biennial foreclosure.

Indeed, this article provides that:

  • The district court hears disputes arising from the application of to defend a debt collector in court.
  • The actions in payment brought before him on the occasion of the default of the borrower must be brought within two years of the event which gave rise to them under penalty of foreclosure.
  • This event is characterized by:
  • Non-payment of sums due following termination of the contract or its term;

Or the first unregulated payment incident;

  • The unregulated overrun of the total amount of credit granted under a revolving credit agreement;

PAYMENT:

On the off chance that you have paid all or a piece of your debt, and you trust you have not been credited for the payment, you can raise the protection of payment and this is very important for how to beat a debt collector in court. You will have the burden of verification that you paid all or part of the debt which enables you to suit case against debt collector in a court and you have positive chances to beat him in a court.

CONTEST THE AMOUNT OF THE DEBT:

In the event that you accept that the measure of the debt is inaccurate, you reserve the privilege to debate it. Recollect that the offended party has the burden to demonstrate that you owe the sum for which you have been sued. The offended party should demonstrate that the head, premium, assortment expenses, and lawyer’s charges are generally right, consented to in your agreement, and legitimately charged. You generally reserve the privilege to demand that the offended party concoct your unique agreement, account articulations, and sometimes even buy receipts, to demonstrate the measure of the debt.

In other words, the exceeding of the 2-year period to act by the credit professionals entails the nullity of their action in recovery towards their customers. However, in practice, for various administrative reasons, banking and credit establishments very often allow years to pass before initiating the forced recovery procedure. The procedure obliges them to obtain from the competent judge an order authorizing them to obtain payment of their debt. This procedure is not adversarial; in other words, the debtor is not invited to make valid its defense arguments at this stage of the procedure.

SURPRISE ACTION AGAINST THE DEBTOR:

To allow a surprise action against the debtor, the legislator thought that it would be better not to invite him to defend himself at this level of the action. Once the judge has granted his order to the creditor ordering the debtor to pay, the creditor has the decision served by a bailiff.

The judicial officer then issues to the debtor a “command to pay” for which it is possible to have a remedy the dispute. The appeal can be made to the registry of the court which issued the order, during the period of one month from the passage of the bailiff, namely the date indicated at the head of the order to pay.

CONSULTATION WITH LAWYER:

The intervention of a lawyer is not mandatory but this point is very important for how to beat a debt collector in court, although it is strongly recommended depending on the amounts involved. In any case, it is possible for customers to have their debts canceled when the 2-year foreclosure period. This period begins to run from the first unregulated payment incident. Concretely, this is the first unpaid unpaid due date. This period expires on the day of service of the order for payment issued.

Consequently, if the period between the first unresolved payment incident and the date of service of the payment order is more than two years, the action is time-barred. With regard to the second means of defense: the limitation period for the execution of a court decision beyond the ten-year period. It follows that the analysis of the payment action deadlines allows, if necessary, to completely eliminate the debt.

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