In today’s digital age, tools such as SoloSuit can be a game-changer for consumers when confronted with a credit card or medical debt lawsuit. SoloSuit is a web application that empowers consumers to draft a legal response, or “Answer,” to a lawsuit within a specified deadline. However, while SoloSuit’s benefits are tangible, they are not without limits. It’s essential to understand what this tool offers, its potential shortcomings, and the broader landscape of debt collection lawsuits.
SoloSuit aims to address a central problem in debt lawsuits: the lack of consumer knowledge about how lawsuits work. Debt collectors typically rely on this ignorance, filing lawsuits en masse, often leading to judgments by default when no Answer is filed by the consumer within the required time-frame. This is an area where SoloSuit shines, assisting consumers in promptly preparing and filing their Answer.
However, a significant drawback of using SoloSuit is that once an Answer is filed, the Court treats the consumer as if they were an attorney representing themselves – a daunting prospect for most. It’s crucial to remember that SoloSuit is a tool, not an attorney. Its claim that 50% of debt lawsuits are dismissed with one of their Answers might be met with skepticism, considering debt collection law firms are usually prepared for consumers to file an Answer pro se or on your own.
Once an Answer is filed, the lawsuit does not just vanish. The debt collection firm may issue discovery requests or even file a Motion for Summary Judgment, which can be more challenging to respond to without legal training. Here, let’s delve a bit into these terms.
Requests for admissions are a part of the discovery process, wherein one party asks the other to confirm or deny certain facts about the case. If a consumer does not respond timely to these requests, the facts mentioned are deemed admitted, potentially undermining the consumer’s position.
A Motion for Summary Judgment is a request for the court to rule that there are no facts in dispute and the case can be decided without a trial. In such a scenario, it might already be too late for an attorney to start conducting discovery or prepare a solid defense (especially if a consumer has already failed to respond to requests for admissions!), emphasizing the urgency of securing legal representation early in the process.
SoloSuit may buy you some time, providing an opportunity to engage a genuine legal representative. But it’s vital to understand that an Answer is not a magic document leading to automatic dismissal. A judge may not even review the Answer until a hearing is set, if at all! The Answer simply allows you to inform the court that you deny the debt allegations. While SoloSuit helps create professional-looking Answers, even a handwritten note filed with the Court stating your name, address, the case number, and denial of the debt suffices to avoid a default judgment.
Yet, the journey doesn’t end here. The debt collection firm is likely to proceed with further legal procedures, such as discovery requests or filing a Motion for Summary Judgment. Unfortunately, SoloSuit lacks features to guide you through these subsequent steps, often leaving you to consider settling the debt, a service that SoloSuit charges you to do.
In this light, SoloSuit can be a double-edged sword: it can help you file an Answer promptly, but it may inadvertently provide the debt collector’s attorneys with arguments for increased attorney fees in their Motion for Summary Judgment. The key takeaway here is that SoloSuit should not be a substitute for professional legal advice. While it can help you initially respond to a lawsuit, you will ultimately need an experienced debt defense attorney on your side to navigate the complexities of the court system effectively.
In conclusion, SoloSuit offers an initial layer of defense against debt lawsuits, a helpful tool to respond to the initial lawsuit promptly. However, its limitations must be recognized. Legal proceedings involving debt collections are intricate and usually require the expertise of a professional debt defense attorney. SoloSuit can buy time, but the tool alone may not help you win the war against aggressive debt collectors. Remember, knowledge is power. While SoloSuit educates consumers about their initial rights and responsibilities, it’s crucial to seek professional legal assistance for comprehensive defense against debt lawsuits.
