Proof that you are responsible for the debt.Chain of custody showing where the debt came from and the right of ownership.Instead, you can ask for documentation to prove that you can legally be sued for the debt by a specific debt collector. If you do not respond to the lawsuit you will not have the chance to ask for this proof, and your non-response is considered an “admission of responsibility”. If an entity owns a debt, they have to legally show that they have the right to be pursuing a lawsuit against you. Typically when it comes to debt collectors your debt has been passed around and sold more than one time. Although Comenity is usually only the second person to hold your debt, there is still the chance that they may not have the proper chain of paperwork to back up ownership. One way to respond to a debt lawsuit is to challenge the legal right to even file the lawsuit against you. Respond within the amount of time outlined which is 20 to 30 daysĭon't let debt collectors push you around.Send the stamped copy certified mail to the plaintiff.Ask for a stamped copy of the Answer from the Clerk of Court.You will need to send a legal letter that is called an Answer. When a debt lawsuit is placed into action it means you can no longer simply respond via phone. Adding attorney's fees, court costs, and interest.Taking money directly from your bank accounts.This will only give Comenity Bank Debt Collection a default judgment against you.ĭefault judgments allow multiple avenues of collection for debt collectors. If you owe the debt and cannot pay it, you still need to respond. This claim will come in the form of a letter notifying you of the debt. How to Beat Comenity Bank Debt Collection in Court Respond to the Lawsuit or Debt ClaimĪlthough it may be tempting to avoid responding to a debt collection lawsuit, one of the biggest mistakes made by debtors is not responding to the claim. If you have ever applied for a credit card with Abercrombie & Fitch, Ann Taylor, Bed Bath & Beyond, Crate & Barrel, New York & Company, Pottery Barn, Victoria's Secret, West Elm, or another similar store, then this is who the card is operated through. Comenity has around 50 million card members. Located with their headquarters in Columbus, Ohio. What is Comenity Bank Debt Collection?Ĭomenity is the bank behind many common credit cards. Protect your wages from garnishment by filing a response with SoloSuit. Understanding what happens when you are served for papers, and how to take the steps to prepare to defend yourself, is essential. If you know your rights then you can use their illegal actions to your advantage. A debt collector can garnish your wages, and this may feel scary. Although this is completely illegal, it is used to generate fear to try and force you to pay. Oftentimes debt collection agencies use certain language to scare you. Out of this number, 25% felt uncomfortable, harassed, or threatened during these times. The Consumer Financial Protection Bureau states that more than 70 million Americans have dealt with debt collectors. Summary: Is Comenity Bank suing you for an old debt? Don't let them win without a fight! You can beat Comenity Bank in court!Ĭalls, mail, or lawsuits from a debt collector is never something that you want to deal with, but it happens and is more common than you might think.
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