What happens next after you win your collection suit at trial?

First off, congratulations!

Most people do nothing when they’re sued. You took action, and answered the collection suit. You showed up at court, and you won your case.

Now is the time to finish the good work you have started.

Some people may say, “Well, I’ve won my case, so it’s over.” No, you’re about halfway done, so you need to finish the deal.

Look into suing the debt collector.

I suggest you look into suing the debt collector who sued you. It isn’t always appropriate, and you don’t always have this option, but most of the time you do have the option to sue.

False credit reporting?

For example, did they falsely report on your credit? Did Midland, Portfolio, or whichever debt collector, report that you owe $5,000, then sue you for $5,000; however, you go to court and the judge says that you do not owe the debt? That sounds like false reporting to me.  You can definitely look into suing under those circumstances.

False claim that you owe the debt collector money?

Did they claim that you owe the money, even if you did not owe it? Sometimes you can win with a defense such as Statute of Limitations. That does not mean that you never owed the debt, it just means they took to long to sue.

But normally when you win these, you’re winning because the debt collector cannot, or will not, prove that the debt collector owns the debt. They say you owe over $5,000, they called you, sent you letters, and sued you for $5,ooo, even thought you owe $0 on it. Which makes it another claim you can make against a debt collector.

Did the collector even show up to the trial?

I’m not talking about their lawyer, because their lawyer will show up, I’m talking about whether or not someone from Portfolio, Midland, or LVNV show up at trial?

Normally, the answer is no. If they don’t show up at trial, and they have no proof, then why did they sue you?

This is a good example of what we call a “shakedown trial.” It’s just someone trying to extort money out of you, and we believe that this violates the law. 

There’s a number of laws that come into play here, such as the FDCPA (Fair Debt Collection Practices Act), the FCRA (Fair Credit Reporting Act), there’s an Alabama law called “Malicious Prosecution,” which is when someone sues you with no basis for their claim.

Now what should you do?

If you have any other questions, feel free to call us at 1-205-879-2447, or fill out a form to get in touch with us.  

We will be glad to get in touch with you and help you with your situation for no charge and tell you what laws we think apply, and whether or not it makes sense for you to sue that debt collector.

We will be happy to help you any way we can.

Have a great day!

-John G. Watts