877.958.8775

What do I Need to Bring?

If you have been served with a debt collection lawsuit, please look for and gather the following information and call or email LeavenLaw to set up a Free Consultation to go over the defense of your lawsuit.

Summons

The Summons is the document the process server has given you. It that tells you what has happened and what you need to do. More specifically, it tells you that a lawsuit has been filed against you and that you have twenty (20) days to answer it. Attached to or accompanying the Summons is the lawsuit or complaint that lays out or tells the story that someone is telling the court about you.

Lawsuit or "Complaint"

The Lawsuit or the Complaint is the legal document that is filed with a court of law that lays out the allegations that have been asserted against you. Said differently, it is the creditor or debt collector telling the court why you owe them money. Typically, the debt collection lawsuit will include some or all of the following legal theories:

  • Breach of Contract
  • Account Stated
  • Open Account
  • Money Lent
  • Unjust Enrichment

LeavenLaw has different defenses that have proven successful against these legal theories and lawsuits that have been brought against you. Which theories we use, will depend on not only the allegations but the supporting documents that are filed with the debt collection lawsuit.

Attachments to Lawsuit

In additional to the Lawsuit or Complaint and Summons, there should be documents or Exhibits attached to the Lawsuit. It is imperative that these attachments or Exhibits are provided to LeavenLaw's attorneys for review. Many times, legal defenses to debt collection lawsuits will depend in large part on the documents that the Plaintiff -- the creditor or debt collector in the Lawsuit filed against you -- will need to show the Court that they have the right to the debt and therefore the right to file the lawsuit in an attempt to collect the debt against you. To do this, they will have to show either the amount owed and, if the lawsuit was not filed by the creditor that loaned you the money but rather a debt buyer, they must show that they validly bought the account. This is usually shown either through an assignment or a bill of sale, coupled with an affidavit swearing that this transfer is both true and legitimate. Many times, it is these documents that the LeavenLaw attorneys challenge to try and win the case . . . and potentially recover for you damages and attorneys fees.

Debt Collection Letters

Prior to the filing of the debt collection lawsuit against you, you likely received debt collection letters from the creditor or debt collector in their out-of-court attempts to collect the debt from you before the lawsuit was filed. These debt collection letters are critical in LeavenLaw developing its defense of your case. Please do everything that you can to gather these lawsuits and bring them to your initial consultation. DO NOT just bring one or two or a sampling -- bring every debt collection letter that you have in your possession. In certain circumstances, these letters may be the basis of an unlawful debt collection or creditor harassment lawsuit against the creditor or debt collector that filed the debt collection lawsuit against you.

Debt Collection Voice Mails

If you have received any debt collection voice mails, like the debt collection letters discussed above, please DO NOT discard them. They too could be worth up to $1,000.00 or more for you, depending on the content of the debt collection voicemail. Please bring the voice mail or your cellular telephone to your initial consultation. A LeavenLaw attorney will review the voice mail and let you know whether or not they can use it in your case.

Debt Collection Call Logs

Finally, if you have received many calls, the volume of the calls may be relevant in any potential unlawful debt collection or creditor harassment lawsuit that you may have against the creditor or debt collector. It is NOT enough, however, to simply say that you "received a lot of calls." Instead, details win lawsuits. Names. Dates. Times of calls. Number called from. What was said. The more information you can gather about the debt collection calls that creditors and debt collectors have placed to you, the more likely you will have a case and the stronger that case will likely be. For a copy of a LeavenLaw Communication Log, click here.

Contact Us

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Counties: Hardee, Highlands, and Polk

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Counties: Brevard and Seminole

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Counties: Martin, St. Lucie, Indian River, and Okeechobee

Twentieth Judicial Circuit of Florida

Counties: Charlotte, Collier, Glades, Hendry, and Lee


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