If you have been served with a lawsuit from Genesis Recovery Services, you may be confused, stressed, and unsure about what steps to take next. What is Genesis Recovery Services, and why is it suing you? Below, our debt defense lawyers discuss what to know if sued by Genesis Recovery Services for debt collection in Texas.
At Warren & Migliaccio, our Texas debt defense lawyers defend individuals sued for debt collection across the state of Texas. If you are facing a debt collection lawsuit, do not hesitate to reach out to us for a free consultation. We are happy to answer your questions, review the claims against you, and discuss your best options for moving forward.
What Is Genesis Recovery Services, Inc.?
If Genesis Recovery Services, Inc. is suing you, you may be confused or wonder if it is a scam. You have likely never heard of it, and that is because Genesis Recovery Services is not a creditor or lender. You did not take out a credit card, line of credit, or personal loan with Genesis Recovery Services.
Genesis Recovery Services, Inc. is a debt buyer based in Sherman Oaks, California. A debt buyer is a company that purchases delinquent and charged-off debts from banks, credit card companies, and other creditors and lenders for a fraction of the debt’s value. Then, debt buyers attempt to collect the total amount of the debt to turn a profit.
According to its website, Genesis Recovery Services purchases credit card debt, personal loan debt, and other consumer debts. If Genesis Recovery Services is suing you for debt collection, it may have purchased your account from your original creditor. Now, it wants to recover the debt, with interest, court fees, and attorney’s fees.
Genesis Recovery Services, Inc. often works with debt collection law firms to handle its lawsuits. In Texas, the firm Michael J Adams PC often brings debt collection lawsuits against consumers on behalf of Genesis Recovery Services. Michael J Adams PC is based in San Antonio but brings lawsuits all over Texas.
Why You Should Not Ignore a Genesis Recovery Services Lawsuit
Being sued for debt can be overwhelming, but ignoring the lawsuit will likely result in losing the case. If you fail to respond to the lawsuit within the specified time frame, the court can issue a default judgment against you.
A default judgment means that Genesis Recovery Services automatically wins the case. With a default judgment, Genesis Recovery Services can seek court orders to freeze and seize money from your bank accounts, place liens on your property, or seize unsecured property.
The only way to protect yourself from a default judgment is to file a response to the lawsuit, or an Answer, with the appropriate court. Your Answer should address each claim against you, assert any legal defenses, and certify that you sent a copy of your response to Genesis Recovery Services and its attorney. Most importantly, you must file it by the deadline specified in the court summons.
Genesis Recovery Services counts on you to ignore the lawsuit, giving it an easy win. When you file an Answer, you place the burden of proof on Genesis Recovery Services, making it harder for it to win the case.
It must prove that you owe the debt, that the debt amount is accurate, and that it has the legal right to collect it, which can be difficult when debt accounts change hands. Do not let it win by default. Instead, force Genesis Recovery Services to prove its case by taking action.
Legal Options to Deal With a Debt Collection Lawsuit in Texas
If you are being sued for debt collection in Texas, you have legal options to explore. Generally, your legal options include:
- Seek case dismissal. You may be able to get the case dismissed if there are weaknesses in the lawsuit against you. For example, if Genesis Recovery Services does not have adequate evidence to prove the validity of the debt or show a clear chain of ownership to collect, it may drop the case, or the court may dismiss it.
- Negotiate a settlement. There are many benefits to negotiating a settlement, including avoiding the costs, time, and uncertainty associated with going to court. Genesis Recovery Services generally wants to avoid court, too, so in many cases, you can settle for much less than the original debt amount. However, if Genesis Recovery Services has a weak case against you, it may be in your best interest to challenge the lawsuit rather than settle it.
- Fight the lawsuit in court. You may be able to fight the lawsuit and win in court, depending on the case against you and the strength of your defenses. While there are risks and time associated with court, it may be worth it if you have a strong defense.
- Seek alternative debt relief. If you are dealing with overwhelming debt beyond the Genesis Recovery Services lawsuit, consider exploring alternative debt relief options. Our bankruptcy lawyer can help you determine whether discharging your debts through bankruptcy may be a viable option for you. Bankruptcy can eliminate or restructure your debts, offering more comprehensive relief than settling a single debt.
If you are facing a debt collection lawsuit in Texas, we encourage you to schedule a free consultation with us. Our legal team is here to answer your questions, review the claims against you, and help you understand your legal options for resolving the lawsuit.
Schedule a Free Consultation With Our Texas Debt Defense Lawyers to Discuss Your Case
Is Genesis Recovery Services suing you for debt collection? If so, do not hesitate to schedule a free consultation with us. We are here to help you understand your legal options for resolving the lawsuit and moving forward.
At Warren & Migliaccio, we have a proven track record of successfully defending Texans facing debt lawsuits. When you choose us, we will pursue a case dismissal if possible. If a dismissal is not possible, we will explore all other avenues to achieve the best possible results for you. Call us at (888) 584-9614 or contact us online to schedule your consultation.