How to Beat Choice Recovery in Court and Win Your Case
Choice Recovery cannot win if they lack proper documentation. Respond to their lawsuit with an Answer that challenges their claims and asserts your affirmative defenses. When you force them to prove the debt, many collectors drop the case rather than go to court.
Respond to LawsuitYou receive a letter in the mail. A debt collection agency you have never heard of claims you owe money. The agency is Choice Recovery.
The letter includes information about the original lender and the debt amount. You have 30 days to dispute the debt in writing.
Beat Choice Recovery With a Proper Answer
Don't let Choice Recovery win by default. Respond to their lawsuit with an Answer that challenges their claims and protects your rights. Our partner helps you draft and file in all 50 states.
Answer the LawsuitIf you don’t recognize the debt or the statute of limitations has passed, send a Debt Validation Letter immediately. Choice Recovery must prove you owe the money. They cannot contact you until they provide proper verification.
What Is Choice Recovery?
Choice Recovery is a debt collection agency that focuses on consumer debt. The company commonly collects for government, healthcare, higher education, or industrial clients.
You might hear from Choice Recovery if you have unpaid taxes or medical debt. The company has received 87 complaints with the Better Business Bureau in the past three years. The Consumer Financial Protection Bureau has logged 284 complaints against them.
Many complaints involve pursuing unverified debts. One consumer found Choice Recovery reported a debt to credit bureaus without sending notice. The original creditor confirmed the debt was never sent to collections. Choice Recovery only resolved the issue after a BBB complaint.
Your Rights Under the FDCPA
The Fair Debt Collections Practices Act protects you from unfair collection practices. Debt collectors cannot harass or abuse you.
Watch for these illegal tactics:
- Calling repeatedly throughout the day
- Calling before 8 a.m. or after 9 p.m.
- Using profanity or threatening language
- Calling you a criminal for not paying
- Threatening to destroy your credit or reputation
If Choice Recovery uses these tactics, file a complaint with the Consumer Financial Protection Bureau or BBB. The harassment should stop.
What to Do If Choice Recovery Sues You
You must respond to the Summons and Complaint within the deadline. Ignoring the lawsuit leads to a default judgment against you.
A judgment allows Choice Recovery to freeze your bank account, garnish your wages, or place a lien on your property. Your credit report takes serious damage.
You have two options: respond with an Answer or pay the outstanding debt. Filing an Answer puts the burden of proof on Choice Recovery.
Your Answer requires Choice Recovery to verify:
- You are responsible for the debt
- They have the right to sue you
- You owe the exact amount claimed
Many debt collectors lack the required documentation. They purchase thousands of aged accounts for small amounts with minimal paperwork. When you challenge the debt consistently, collectors often cease collection efforts.
Our partner Solo helps you respond to debt lawsuits and fight back against collectors.
Three Steps to Respond to Choice Recovery
You can beat Choice Recovery in court when you respond properly. Follow these three steps to prepare your Answer:
Step 1: Respond to Each Claim
The first section of your Answer addresses each claim in the Complaint. You can admit, deny, or deny due to lack of knowledge.
Deny as many claims as possible. Admitting everything means you have no case. The judge will favor Choice Recovery automatically.
When you deny a claim, Choice Recovery must prove it. Without proper documentation, they will likely drop the case.
Step 2: Assert Your Affirmative Defenses
The second section lists affirmative defenses. These are legal reasons Choice Recovery should not win.
The statute of limitations is a common affirmative defense. Each state sets a time limit for debt collectors to sue. If the deadline has passed, the court dismisses the case.
Check your state’s statute of limitations before making any payments. A payment can restart the clock.
Step 3: File and Serve Your Answer
After drafting your Answer with responses and affirmative defenses, file it with the court. Send a copy to Choice Recovery’s lawyers at the address on the Summons.
Use USPS certified mail with a return receipt. You need proof of proper delivery.
Our partner Solo can help you draft and file an Answer in all 50 states.
Challenge the Debt and Protect Your Rights
Choice Recovery must follow the law when collecting debts. You have the right to dispute unverified debts and demand proof.
Document all communications with Choice Recovery. Keep copies of letters, emails, and notes from phone calls. Evidence helps if you need to file a complaint or defend yourself in court.
Don’t let debt collectors intimidate you. Many lawsuits fail because collectors cannot prove their claims. Your Answer forces them to produce documentation they often don’t have.
Take action within your state’s deadline. Missing the deadline gives Choice Recovery an automatic win. Respond quickly and protect your financial future.