Sued by Second Round Sub in Florida?
If you are reading this, then you have likely been sued by Second Round Sub, a debt collection company that you have never heard of before. While being sued may seem like a scary experience, the hiring of an experienced debt defense attorney can make all the difference. Since 2009 Shmucher Law, PL has assisted numerous debtors and consumers in resolving their financial problems. If you have been served with a lawsuit from Second Round Sub you should call our office for a free consultation and case analysis.
Who is Second Round Sub?
Second Round Sub is debt collection company that is also referred to as a junk debt buyer because they buy millions of dollars of charged off debt from original debt collectors typically credit cards and online personal loans. Second Round’s business model is to file as many lawsuits as possible and either obtain a default judgment or settled each case with the defendant.
What to Do if You Were Served a Summons from Second Round Sub
To be served with a lawsuit a process server will come to your home or your office and hand you legal paperwork. If you were served with a lawsuit from Second Round Sub it means that you have been SUED and it is very important that you do not ignore the lawsuit against you. Depending on the size of the debt your summons will either have a one of the following:
Pre-Trial Conference – For any debts owed up to $8,000 your summons may include a pre-trial conference date and time as well zoom login information. If you do not hire a lawyer then you MUST APPEAR at the pre-trial conference where a judge will send you and the attorney from Second Round Sub to mediation to determine if a settlement can be reached. If no agreement can be reached, then the judge will set your case for trial. If you fail to appear at the pre-trial conference a default will be entered against you.
Response – For debts $8,001 and greater your lawsuit will require you or your attorney file a responsive pleading within 20 (twenty) days from the date you were served. Failure to file a responsive pleadings could lead to a default judgment being entered against you.
What Defenses could a Debtor have to a Lawsuit by Second Round Sub
Second Round Sub buys their debts in bulk and typically when you buy in bulk the documentation associated with the debt can get lost. The most common defense to a Second Round Sub defense is referred to as standing which basically means that they can’t prove that they actually own the debt they are suing on.
Other defenses to a Second Round Sub lawsuit may include:
- Lack of Standing
- Prior Settlement/Settled
- Statute of Limitation has Expired
- Discharged in a bankruptcy
- Wrong Party
Isn’t it expensive to Hire an Attorney to Defend a Second Round Sub Lawsuit?
Due to the volume of debt defense cases we handle, we offer a simple flat-fee to represent debtors in a junk debt lawsuit. Flat fee means that we charge you a single price, no matter how many hours or how many hearings we attend on your behalf. Feel free to contact us at any time to schedule a free consultation either over the phone or in person, we have the ability to represent individuals being sued in any courthouse throughout the state of Florida.