What to Do If You're Sued By Valentine and Kebartas (2024)

George Simons | December 12, 2023

What to Do If You're Sued By Valentine and Kebartas (1)

Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

What to Do If You're Sued By Valentine and Kebartas (2)

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

What to Do If You're Sued By Valentine and Kebartas (3)

Summary: Is Valentine and Kebartas suing you? Not sure what to do next? File a response and beat Valentine and Kebartas in court.

If you are being harassed by a debt collection company such as Valentine and Kebartas, you may be feeling upset, stressed, and anxious about your future. Why? Because Valentine and Kebartas, like so many other debt collection agencies, may use aggressive and inappropriate methods to get you to pay what they think you owe. That's the reason Valentine and Kebartas may call you all day and contact you by email and mail to get you to pay.

Numerous Consumer Complaints Filed Against Valentine and Kebartas

Valentine and Kebartas has developed a dubious reputation for using inappropriate methods to try and collect on debts that consumers allegedly owe. The collections agency is based out of Massachusetts and has been accused of egregious violations of the Fair Debt Collection Practices Act.

For instance, many consumers say that Valentine and Kebartas collectors have used aggressive communications that are against US law. Some say they have even tried to collect on debts that the person does not owe. If Valentine and Kebartas contacted you, it's important to be well-versed in your rights before you reply.

Respond to debt collectors the right way with SoloSuit.

If you are the recipient of threatening telephone calls and letters from Valentine and Kebartas, or you are being sued by them, do not despair! You should take bold and aggressive action against them by using the resources that Solo Suit provides.

We have a very simple mission: to assist people who are being bothered by aggressive debt collectors. To help you, our team has put together a lot of helpful information that can help you understand the debt collection process and what you can do about it. Once you have access to this information, you know what is coming and how to deal with the actions of Valentine and Kebartas.

The FDCPA Protects Your Rights Against Harassing Debt Collectors

Valentine and Kebartas may try to take advantage of you by violating the rights that you have under the Fair Debt Collection Practices Act. This act states the rules and limits that apply to debt collection companies like Valentine and Kebartas. Some of the rules include:

  • Valentine and Kebartas cannot call or write to you at work.
  • Valentine and Kebartas may not use rude or vulgar language when it communicates with you by phone or mail.
  • Valentine and Kebartas cannot threaten to sue you.
  • Valentine and Kebartas cannot contact you before 8 am or after 9 pm.

Use SoloSuit to beat threatening debt collectors in court.

You Can Defend Yourself If You Are Sued by Valentine and Kebartas

If Valentine and Kebartas file a debt collection lawsuit against you, it's important to respond appropriately and to do so promptly. Do not throw away the notice and assume that the lawsuit will go away. It will be there even if you throw the lawsuit notice in the trash. It just means you raised the white flag and are letting them win. You should not do this and you have other options.

Here are some things to remember as you write an Answer to the lawsuit:

  • Never admit that you owe any debt that they say you owe. Valentine and Kebartas need to prove that you owe the debt. You don't want to do their work for them. Make them prove it!
  • File your Answer with the appropriate clerk of court within 20 or 30 days of receiving the notice; the time limit for your response will be noted on the document.
  • Mail the answer that you have stamped by the clerk of court to Valentine and Kebartas.

Try These Effective Affirmative Defenses in Your Answer

When you draft your answer in response to the debt collection lawsuit filed by Valentine and Kebartas, you will have the chance to address several deficiencies in their argument. Always remember that debt collectors have to show that you owe what they claim you owe. This means Valentine and Kebartas has to show the following before you must legally repay the debt:

  • Valentine and Kebartas has the right to sue you.
  • You are the one who owes the debt.
  • You owe what is stated by Valentine and Kebartas in the complaint filed with the court.

If Valentine and Kebartas fails to meet these guidelines, it means you can win in court and could get the lawsuit dismissed.

Depending on the case circ*mstances, you could say that Valentine and Kebartas did not file the debt collection action within the statute of limitations for your state. The statute of limitations lays out how much time someone has to file suit against you. Depending on the lawsuit and state, the time limit can be from one to five years.

If the facts show that Valentine and Kebartas sued you and the statute of limitations ran out, you may file a motion to have the legal action dismissed with prejudice.

Also, you may want to think about filing a countersuit. But you need evidence that Valentine and Kebartas violated an aspect of the FDCPA. If you have such evidence, you could be in line for compensatory damages and having your legal fees paid.

Make the right affirmative defenses with SoloSuit.

What to Do If You're Sued by Valentine and Kebartas

Here's the bottom line on actions to take if Valentine and Kebartas sues you for debts you allegedly owe:

  • Write down all phone calls that Valentine and Kebartas makes before 8 am and after 9 pm. Also, note if they call you at work or use vulgar language. These actions are illegal and you can sue them back.
  • Be certain to file your legal answer within the timeline that the complaint states.
  • In the answer, think about raising one of the defenses we mentioned above, such as the statute of limitations. Also, demand that Valentine and Kebartas give you proof that you owe what you say you owe.

These are ways that you can Valentine and Kebartas at the debt collection game. You have many options, you just have to know what the rules are and to respond appropriately. Also, remember to consider filing a countersuit if they violate the FDCPA.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

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What to Do If You're Sued By Valentine and Kebartas (2024)

FAQs

What to Do If You're Sued By Valentine and Kebartas? ›

You have three options: deny, admit, or deny for lack of knowledge. As a rule of thumb, lawyers advise you to deny, deny, deny. Let the plaintiff prove your responsibility for the debt. Include your affirmative defenses: These are reasons why you think the plaintiff is wrong to sue you.

How to respond to a debt collector suing you? ›

You have three options: deny, admit, or deny for lack of knowledge. As a rule of thumb, lawyers advise you to deny, deny, deny. Let the plaintiff prove your responsibility for the debt. Include your affirmative defenses: These are reasons why you think the plaintiff is wrong to sue you.

How do I clear my debt from a collector that is suing? ›

You may be able to negotiate a settlement with the debt collector to allow you to pay off the judgment under better terms. In Limited Civil cases (cases for $35,000 or less), if the other side will not agree to a payment plan, you can ask the judge to order a payment plan. This requires filing a motion.

What happens if a debt collector files a lawsuit? ›

You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.

How to write an answer to a summons for debt? ›

The best tips for drafting an Answer to your debt lawsuit
  1. The Answer isn't the place to tell your side of the story in depth.
  2. Deny, deny, deny.
  3. Include your affirmative defenses.
  4. Use standard formatting or “style”
  5. Include the Certificate of Service.
  6. Sign the Answer.
Dec 12, 2023

How do I defend myself in a debt lawsuit? ›

Defenses you can use in a debt lawsuit
  1. Defense: Running the statute of limitations. The plaintiff must file a lawsuit within a set amount of time. ...
  2. Breach of contract by Plaintiff. ...
  3. No breach by Defendant. ...
  4. Discharge by bankruptcy. ...
  5. Statute of frauds. ...
  6. Satisfaction. ...
  7. Cancelation of contract. ...
  8. Lack of Consideration.

How do you negotiate a debt after being sued? ›

4 ways to settle credit card debt after a lawsuit is filed
  1. Utilize the services offered by a debt relief company.
  2. Negotiate a payment plan or settlement directly with the card issuer.
  3. Hire an attorney who's skilled in credit card issues and debt settlement.
  4. File for bankruptcy.
Jun 5, 2024

What's the worst a debt collector can do? ›

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

How do you settle a debt after being summoned? ›

Summary: Yes, you can settle after being served. The best way to settle a debt lawsuit is first to file an Answer, then to contact the other side and make an offer.

How to fight back against debt collectors? ›

Here are a few suggestions that might work in your favor:
  1. Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
  2. Dispute the debt on your credit report. ...
  3. Lodge a complaint. ...
  4. Respond to a lawsuit. ...
  5. Hire an attorney.

How to answer a judgement against you? ›

You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.

What should I say to a debt collector? ›

Ask the debt collector for any evidence they have that indicates you are the correct debtor and what they are relying on to calculate the amount due. You can also notify the debt collector in writing to stop communicating with you.

Should I respond to a debt collector letter? ›

Responding to collection letters — even if only to dispute them — can, paradoxically, increase the probability that a debt collector will accelerate collection efforts and maybe even sue you for the debt.

What is the best thing to say when dispute a collection? ›

I am writing this letter to bring to your notice the following information added to my credit report. The [dispute item] along with the [creditor's name] are falsely added to my credit report without my prior knowledge. The mentioned details are incorrect and I request you to revise the report after due diligence.

Should I accept a settlement offer from a debt collector? ›

Pros and cons of debt settlement

The potential benefits of debt settlement include: Avoiding collections or bankruptcy: Debt settlement shouldn't be your first choice. However, if it helps you avoid having accounts sent to collections or filing bankruptcy, it may be worth it.

How to Answer being sued? ›

File an answer

Filing an answer is probably the most common way of responding to a lawsuit. An answer is your opportunity to respond to the complaint's factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff's claim.

How do you outsmart a debt collector? ›

You can outsmart debt collectors by following these tips:
  1. Keep a record of all communication with debt collectors.
  2. Send a Debt Validation Letter and force them to verify your debt.
  3. Write a cease and desist letter.
  4. Explain the debt is not legitimate.
  5. Review your credit reports.
  6. Explain that you cannot afford to pay.
Mar 11, 2024

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