Why Would I Be Sued By Enerson Law?

Who is Enerson Law?

Enerson Law LLC is a major debt collection attorney, with offices located all over the country. Like many debt collection law firms, Enerson Law is secretive, with little online presence. This isn’t a surprise, as Enerson Law only represents debt collectors and financial services, and as a major player in this area of law, they are well-known in the financial industry. For individuals, though, the first time they hear about Enerson Law will likely be when they are sued by the firm. Enerson Law represents some reputable banks and financial services, but they also represent debt scavengers that harbor their own checkered past.

Enerson Law’s clients include the following:The Debt Lawsuit Process

Some of those clients, like Capital One Bank and Citibank, have a developed reputation in the financial services industry. Others, including Midland Funding LLC and CACH LLC, also have a developed reputation in the financial services industry, and it isn’t positive. These companies have been the target of class action lawsuits for their deceitful debt collection practices, and are known for their aggressive collection tactics.

Enerson Law has also been the target of a class action lawsuit, as well as individual lawsuits for its less-than-forward business practices. Specifically, Enerson Law has been sued for filing litigation against individuals over SallieMae debts. The class action lawsuit asserts that much of this SallieMae debt is wrongly assigned or is not within Enerson Law’s power to sue over. In short, Enerson Law has filed lawsuits it does not have the legal authority to pursue.

When any debt collection firm or attorney has demonstrated a willingness to use underhanded tactics, it is essential that defendants push back against the firm. Enerson Law doesn’t want to get dragged into drawn out lawsuit proceedings, especially if the suit has weaknesses that will become apparent upon further review.

What should I do if Enerson Law is suing me?

The first thing to do is remain calm. It is always jarring to be hit with a lawsuit, even when the debt has been assigned to the wrong individual. In a panic, many people choose to ignore the complaint outright, which will only mean trouble in the long run. If Enerson Law goes to court without an answer for their complaint, the firm will likely walk out with a default judgment in their hands. At this point, Enerson Law can really put pressure on the defendant, even garnishing wages or a bank account in some cases.

The response to a complaint, then, is to answer it and assert innocence. State that the debt is not properly represented, is faulty or is the case of mistaken identity, whichever is relevant. Just do not ignore the lawsuit.

Once the complaint is answered, the real work can begin. A debt defense attorney will review the defendant’s case and prioritize pressure points in Enerson Law’s claim. Some defensive measures include:

  1. Make Enerson Law prove they have the authority to sue – Enerson Law has already demonstrated a willingness to sue even when they don’t have the standing to do so. Before a debt collector can sue an individual account holder for a particular debt, they must demonstrate that they have the proper title.This is a common issue with debt collectors and debt collection attorneys. When they acquire a mass of accounts, or when they represent a debt collector that does, it’s inevitable that some of those accounts will not come with every piece of necessary information. When a debt scavenger buys debt from another financial service, like a bank, they have to also acquire the legal right to sue the account holder from that financial institution. Enerson Law has, in the past, sued on behalf of clients that could not produce this legal authority. It’s likely, then, that they will attempt to do so again in the future.
  2. Don’t let up with the information requests – Many debt collection lawsuits are built on unstable foundations, but it’s rarely clear where the weak spots are in the case. Enerson Law isn’t going to make that obvious, after all. However, a massive number of debt collection lawsuits have been dismissed merely because the defendant kept filing information requests for account details and payment history. This isn’t a tactic that can be stretched out indefinitely, but if Enerson Law isn’t forthright with everything, then information requests can make the firm think twice about continuing the lawsuit.Debt collectors view these lawsuits as investments of time and effort. If the potential return isn’t worth running down all of the necessary information, even if it is available somewhere, then they might give up on the claim entirely. This can happen even when the defendant owes the debt, but Enerson Law just doesn’t consider it worth their time to pursue.
  3. Don’t forget the statute of limitations – Every debt is only eligible for legal action for a certain period of time, which differs depending on the state where it originated. This period of time usually begins when the last payment on the account is made, and it is normally several years. Once that time has passed, the debt is not legally actionable. However, this does not stop a lot of unscrupulous collectors and attorneys, as they know most people will fold as soon as they are threatened with a lawsuit. If the defendant pushes back and asserts statute of limitations, Enerson Law will likely move on, as they could be accused of misrepresenting the debt.

A debt collection lawsuit is liable to take the wind out of the defendant. But there’s usually little reason to worry. There are always defenses available, and with the help of a debt defense attorney, they can be organized and executed to their fullest extent.

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