Having debts makes our lives uneasy. Especially if we are already being chased by debt collection agencies like McCarthy, Burgess & Wolff, we will definitely be stressed and frustrated. By the way, are you currently being chased by McCarthy, Burgess & Wolff for debt? If so, you must read this entire text to make you calm down. We are going to tell you how to beat McCarthy, Burgess & Wolff.
About McCarthy, Burgess & Wolff
McCarthy Burgess & Wolff (MB&W) is a debt collection agency that specializes in collecting debts, contacting consumers to ask them to pay debts. McCarthy Burgess & Wolff collects debts on behalf of companies that offer services such as credit cards, medical care, car loans, utilities, or student loans. If you still have overdue debts in these areas, then it is likely that McCarthy Burgess & Wolff will handle your case until you pay your debts in full.
McCarthy Burgess & Wolff (MB&W) is one of legitimate debt collection agencies in the United States. They have been in business as a debt collection agency for over 41 years. And, their headquarters is in Bedford Heights, Ohio, US.
Here is their contact information:
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- BBB Profile: McCarthy Burgess & Wolff
- Phone Number: (440) 735-5100
- Website: www.mbandw.com
- Address: 26000 Cannon Rd, Cleveland, Ohio 44146
McCarthy Burgess & Wolff has an A+ accreditation from the Better Business Bureau (BBB). If you look at the accreditation that McCarthy Burgess & Wolff has, you would think that McCarthy Burgess & Wolff is a debt collection agency that always provides good service. In fact, even though McCarthy Burgess & Wolff has excellent accreditation from the Better Business Bureau (BBB), there have been approximately 77 consumer complaints against McCarthy Burgess & Wolff. In fact, in the last three years, the Consumer Financial Protection Bureau (CFPB) has reported 446 complaints against McCarthy, Burgess & Wolff. Several consumer complaints against McCarthy Burgess & Wolff include poor service, inaccurate debt figures in credit reports, etc. If you have been involved with this debt collection agency, how was your experience with them?
As a debt collection agency, McCarthy Burgess & Wolff will usually call or email you and ask you to pay your debt immediately. If you find yourself in this situation, keep calm. If you delay responding or ignore their debt collection efforts, they will not hesitate to take you to court, especially if they have strong claims against you. Now, we will discuss some of the ways that you can fight McCarthy Burgess & Wolff when they call you or send threatening legal letters.
Two Legal Ways to Take When McCarthy, Burgess & Wolff Contacts You
Most debt collection agencies will try to keep you stressed and frustrated by calling several times a day or emailing you hundreds of times to get you to pay your debt. McCarthy, Burgess & Wolff thinks that most consumers will not know their rights under the Fair Debt Collection Practices Act (FDCPA) which prohibits the debt collectors from harassing, abusing, or lying to debtors. Under the Fair Debt Collection Practices Act (FDCPA), here are two legal ways you can take when McCarthy, Burgess & Wolff calls:
Way 1: Ask for more information
You should know that debt collectors do not like being asked to provide more information about themselves. Also, they do not like being asked for more information about the debt in question. All a debt collector wants is for you to acknowledge the debt and pay the debt immediately without having to verify the details of the debt. If you are facing this situation where the debt collector is unwilling to provide more information about themselves such as their full name, the original creditor you owe, their employee number, and contact information, then never engage them further or you will regret it. Before you respond to their request, try to firmly tell the debt collector that you will submit everything in writing. And, they should also send you all the information regarding the debt via email.
Way 2: Request a debt validation
When your debt information moves from creditor to collection agency, occasionally there are some errors that occur. Please request a debt validation from McCarthy, Burgess & Wolff to ensure the accuracy of your debt. We strongly advise you to never accept the amount of debt that the debt collector has quoted until you have verified that the debt is really yours and the amount is completely accurate, without any errors. Please send a debt validation letter and ask McCarthy, Burgess & Wolff to provide the necessary information related to the debt. If you are not sure how to write a debt validation letter, you can browse the internet, where there are many examples of debt validation letters.
Here is some information that McCarthy, Burgess & Wolff needs to provide:
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- Details of the debt in question
- Details of the original creditor
- A statement allowing you to dispute the debt if errors or discrepancies are found
- A statement allowing you to request further information if the validation notice is still unclear
Once you receive the debt validation notice, check the debt validation notice carefully and make sure the details are accurate. You have the right to dispute the debt with Equifax, TransUnion, and Experian if you find errors related to the debt validation. However, if the information is accurate and you acknowledge the debt yourself, then pay the debt immediately. Never ignore your debt or you will be taken to court by McCarthy, Burgess & Wolff.
How to Beat McCarthy, Burgess & Wolff – Here’s How
If there is enough evidence to support their claim, debt collectors will usually file a lawsuit. If this happens to you, then you must take immediate legal action or your debt will increase further.
Here are three steps you can take to beat McCarthy, Burgess & Wolff after receiving a lawsuit:
Step 1: Respond to the lawsuit against McCarthy, Burgess & Wolff
The first step you must take to beat McCarthy, Burgess & Wolff in court is to file a written Answer with the court within 14-35 days of receiving the lawsuit. Do not worry, we will share some tips for drafting an Answer that will help you win the case.
Here are the tips:
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- Make sure your answers focus on responding to the claims listed in the Complaint document. Never create a complicated story to respond to a claim. Keep your answers short, simple, but clear. You may admit or deny due to lack of knowledge.
- Deny firmly. Most lawyers will advise you to reject as many claims as possible. That way, McCarthy, Burgess & Wolff will need to do more efforts to win the case.
- You must include an affirmative defense. The affirmative defense typically used in debt lawsuits is the statute of limitations, which is the period a debt collector must sue a person for a debt. If the debt has passed the time limit, then the lawsuit will automatically be void. This is one of the legal reasons why McCarthy, Burgess & Wolff could not win the case.
- Make sure you use standard formatting or “styles”. At the head of your Answer document, you should include the court information, party information, and the case number.
- At the end of your Answer document, do not forget to include the certificate of service when you verify the address you used to send your Answer to MB&W.
- Remember that most courts reject any legal document that is not signed. Therefore, make sure you sign the document as it is very important in fighting the MB&W’s lawsuit.
Step 2: Plan to go to court
If you fail to go to court, then it may lead to a default judgment where McCarthy, Burgess & Wolff will win the case automatically. If that happens to you, then it is likely that your wages will be garnished. That is because you failed to go to court and the court ended up allowing McCarthy, Burgess & Wolff to cut your wages, access payments from your bank account, or get a lien on your property. Therefore, even if you have not been able to pay off your debt, make sure you go to court on the appointed date. The law allows you to represent yourself in court.
Here are some preparations you can make:
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- Conduct legal research on debt collection
- Gather all defenses
- Learn about the rules of court
- Use valid legal documents
During the court procedure, you should never directly admit to owning the debt. Instead, press McCarthy, Burgess & Wolff to prove that you really owe the debt, that the debt is accurate, and that you owe it to them. Remember that the main goal of the debt collector is to trap the debtor into admitting responsibility for the debt.
Step 3: Negotiate a debt settlement with McCarthy, Burgess & Wolff
If you are sure that the debt in question by McCarthy, Burgess & Wolff is really yours and the loan amount is correct, then the next step is to negotiate an out-of-court settlement. Need to note that there are two documents you can submit to start the settlement process with McCarthy, Burgess & Wolff.
Here are the two documents:
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Motion to Compel Arbitration
If you have submitted the Answer and want to finish the case out of court, then you can send this document to McCarthy, Burgess & Wolff. You can choose this document if your loan or credit card agreement includes an arbitration clause.
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Debt Lawsuit Settlement
If you want to make an agreement with McCarthy, Burgess & Wolff about how and when you will make payments, then you can use this document.
Try to negotiate a debt settlement with McCarthy, Burgess & Wolff. Or, you can also talk to the creditor and state your agreement to pay the debt. In most cases, creditors are not willing to settle debts this way because payments are rarely made in debt settlement. And, that means the creditor will risk defaulting again. To end the lawsuit, you must make a lump sum payment.
Well, those are some steps you can take to beat McCarthy, Burgess & Wolff. By following the steps above, hopefully your case will be resolved soon.