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Why You Can Probably Beat the Debt Collectors

(Even If You Couldn't Win the Lawsuit!)

 

If you will stand up for yourself, you can probably make the debt collectors go away even if they could win the suit against you. (Which they usually can't.)

Why?

Follow the Money
 

It's all about money, right? They want to make money. That's why they're suing you. If you will defend yourself it becomes too expensive for the company to pursue the litigation against you.

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Let's Do the Math
 

Consider the question from the point of view of the debt collectors. They buy debt cheaply (very, very cheaply), file sut in large numbers, and win the vast majority of cases without a fight. In St. Louis County, the "call dockets" often have 300-600 defendants, most of whom are being sued by a handful of debt collectors represented by two or three lawyers. If it takes an hour or two for the lawyers to get one hundred judgments totaling (by my guess) approximately $400,000 to $1,000,000 dollars, that’s a pretty good hour’s work.

Now look at the Petition in your lawsuit, down at the last paragraph near the end (where it says “wherefore, plaintiff prays...”). If the company is asking for attorney’s fees against you at all, they’ll usually say so right in the “wherefore clause,” and you may be surprised at how small the number is. In Missouri, the number is typically 15% of what they're suing you for. If the company is suing you for $5,000, the attorney’s fees might be around $750, but that’s only if they are suing on a contract that allows attorney’s fees. In fact there is often no request for attorney fees at all in the suit.

They ask for the same amount whether or not you fight.

If you don’t fight the case, they get a windfall. If you do fight the case, they usually don’t get any more money even if they win. Instead of hoping for several hundred thousand dollars per hour of work, they're trying to get $150 per hour-if that. That's a lot less fun.

And if they are not suing you on a contract that specifically provides for attorney’s fees, they don’t get any fees for fighting no matter how long it takes. Every second you make them spend fighting with you costs them money that they will not get back. Everybody on the other side knows all this, and they never forget it. Neither should you.

What Would You Do...
 

What would you do if you were a debt collector who was bogged down in a suit for a few hundred (or even thousand) dollars-but which could cost just as much in attorneys fees. And on the other hand you could make a hundred thousand dollars in an hour of work by picking out other people to sue instead? Debt collectors are practical people. If you stand up for yourself in a way that shows them they will have a real fight on their hands, they will usually drop the suit. It isn't worth it with so many other people around who will not fight.

Isn't that what you would do?

 

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Check out our Guide to Legal Research and Analysis for a guide to researching and laws and cases in the most effective way. But legal research is more about what you do with what you find, and so this is a primer on legal thinking and analysis as well.

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