No Charge Initial Case Review

YOU CAN WIN IN COURT AGAINST DEBT BUYERS AND DEBT COLLECTORS

In 2003 Ronald Ady dedicated his law practice to helping Utah consumers with consumer protection. The largest part of his practice is defending Utah consumers against junk debt buyers, debt collectors, and creditors that are:

— collecting more than they are owed on a debt;
— using predatory, abusive, harassing or other illegal tactics to collect a debt; or
— trying to collect on debt they cannot lawfully prove is owed to them by the consumer.

Services

Debt Collection Lawsuit Defense

Since 2003 this firm has been the leader in Utah debt defense. This law firm defends Utah consumers in court against unfair debt collectors. Repeatedly, and consistently this firm has won in Utah court for consumers defending against debt collectors. In court the debt collector has the burden of proof and must be able to legally prove that you, the consumer, owe the debt. More often than not, the consumer has a good defense to the debt collector’s claims. Do not let a default judgment be taken against you by a debt collector or junk debt buyer. Call us for a no charge, no obligation initial case review.

The statements made on this Website are only very brief summaries of fragments of the law. As such, they should not be relied upon by you in your specific situation. Consult with a Utah licensed lawyer for advice specific to your situation. Unless specifically stated in the text of an email from this firm (or in a separate written agreement), this Website does not create an attorney-client relationship.

File an Answer Within 21 Days

In Utah, you have 21 days after being served with legal papers to file an answer. Unless the court does not have jurisdiction over you, you must file an answer to preserve your right to defend against the debt collection lawsuit. An answer must have a case caption, and can be as sparse as as a single sentence stating a general denial, such as: “Defendant disputes each and every allegation in the Plaintiff’s complaint asserting that Defendant is liable on this debt.”

But if you have affirmative defenses (i.e., bankruptcy has been filed on this debt, the debt was paid, the debt was settled, etc.) then you should always also state those affirmative defenses in your answer. You must sign and date your answer, and then file it with the Court and mail it to the plaintiff’s lawyer. All this must be done within 21 days after you are served with a summons and complaint or a default judgment can (and almost always will) be entered against you.

These Explanations For Not Paying the Debt Are Not an Answer

The reasons for non-payment listed below do not answer (they do not contest) the claims made in the debt collector’s complaint:

• you have lost your job;
• you need more time to pay the debt;
• you have had a major medical expense in the family;
• your ex-spouse was late with their child support payment;
• there was a mix-up with your benefits check;
• you only co-signed on the loan because your child (or sibling, or friend) promised they would pay;
• you are planning on filing bankruptcy;
• you forgot to pay; or
• you moved and didn’t receive the creditor’s statements.

Avoid making these types of explanations in your answer to a debt collection complaint.

No Charge Initial Case Review

Experience

We are happy to help you

Testimonials

“I learned the hard way that If you are facing any type of debt collection, you need the help of a competent, knowledgeable attorney, one with experience in debt collection and consumer protection.
Believe me when I tell you the cards have been stacked against you, the creditors, the debt collectors are working together to make you pay the maximum amount in fees, fines, and collections, even if you do not owe the money.
I was wrongfully sued by a fitness company and their legal counsel. To me, it seemed like a simple matter, I would go to court explain my side to the judge, that would be the end… I was wrong. The fitness company secured a default judgement against me and began garnishing my wages. I spoke with at least 5 attorney’s all of whom told me I had no case and no chance of winning.
I was so grateful to have been referred to Ronald Ady, by another attorney, that told me Ron Ady is THE BEST consumer protection attorney in the state. Ronald Ady told me that he would get the default judgement reversed, and he did. He told me that he would recover my garnished wages, and he did. He told me that we had a winning case. He secure a very nice settlement. It was hard work and took sometime, but he is man of his word and did Exactly what he said he would do.
If you are facing any type of debt collection, do not go it alone. Ronald Ady is your best bet to protecting yourself, your wages, and making debt collectors do the right thing.”
Tony A. –  Salt Lake City Utah

Don’t Get Caught in the Process

Our Process

You’ve been served with a debt collection complaint. What to do now? You must answer the complaint within 21 days of being served or the debt buyer’s lawyer will take a default judgment against you. Do not let a default judgment be taken against you – most often it is quickly followed by the garnishment of your wages (up to 25%). Answer the complaint or have an experienced consumer lawyer answer it for you.

It may be that for weeks or months prior to being served with the summons and complaint you were harassed by the debt collector. And after you were served with the complaint you may have called the debt collector’s lawyer and talked with his staff to discuss a possible resolution. If so, they were probably cold and demanding.

Too often, consumers are confronted with aggressive debt collectors who are willing to cross the line. And the thought of walking into a crowded courtroom to confront the debt-collector’s lawyer can be daunting. But you must appear for your court date or have a lawyer appear for you.

Often, when you enter the court room the judge has a stack of case files on her or his bench more than a foot high and is moving though them rapidly. The debt collection lawyer suggests you step outside into the hall to talk. Having done this many times before, he or she knows how to quickly defeat a lay person’s arguments.

If you retain an experienced consumer lawyer you may not have to appear in court. The consumer lawyer will appear in court for you, answer the complaint, and expertly litigate your file.

Most important, an experienced consumer lawyer knows how to defeat the debt collector’s claims, or if the claims are well-founded (sometimes they are) an experienced consumer lawyer can negotiate an effective settlement for you.

No Charge Initial Case Review

Contact

National Association of Consumer Advocates
Address

8 E. Broadway, Ste. 725, Salt Lake City UT 84111

Phone
+1-801-746-3500