How To Win Against Wakefield and Associates: Your Defense Guide
Wakefield and Associates must prove you owe the debt before you pay anything. Validate the debt first, then negotiate a settlement for 40-60% of the balance if it's legitimate. If they sue you, respond to the lawsuit even while negotiating to protect your rights and avoid default judgment.
Answer Your LawsuitWakefield and Associates contacted you about a debt. You need to verify the debt before paying anything. You have options to fight back and win.
Why Wakefield and Associates Is Contacting You
Wakefield and Associates collects past-due medical and healthcare bills. They represent hospitals and clinics across the country. They also buy unpaid medical debts from healthcare providers.
Fight Back Against Wakefield's Lawsuit
Facing a summons from Wakefield and Associates? You need to respond by your court deadline to avoid default judgment. Get expert help drafting your answer today.
Respond to Lawsuit NowThey believe you owe money. But believing isn’t the same as proving.
Do You Have To Pay Wakefield and Associates?
Maybe. The answer depends on whether the debt is yours.
You only need to pay if:
- The debt is valid and belongs to you
- The amount is accurate and correct
- They have authorization to collect it
- The debt isn’t past the statute of limitations
Ignoring a legitimate debt can hurt your credit score. You might face wage garnishment or bank account levies. But you can negotiate to settle for less than you owe.
How To Negotiate a Settlement With Wakefield and Associates
Wakefield gets paid a percentage of what they collect. They want to close accounts quickly. They’ll often accept 40-60% of the original debt amount.
You can start settlement negotiations. The process is straightforward when you follow these steps.
Step 1: Validate the Debt First
Confirm the debt is legitimate before negotiating anything. Federal law requires debt collectors to send you a debt validation letter. You get 30 days to dispute the debt.
Debt validation helps you verify:
- The debt belongs to you, not someone else
- The amount they claim is correct
- Wakefield owns the debt or has authorization
- The debt isn’t beyond the statute of limitations
Third-party collectors make mistakes. They sometimes contact the wrong person. They might claim you owe money you already paid.
Send a debt verification letter to request proof. Dispute any errors you find in their records.
Step 2: Calculate What You Can Afford
Now you need to figure out your settlement offer amount.
Add up your monthly take-home pay and other income sources. Then total your monthly expenses. Include utilities, groceries, rent, and existing debt payments. Subtract expenses from income.
Whatever remains can go toward your settlement offer. Consider alternative income sources like tax refunds or bonuses. You might sell items you no longer need.
Only Offer What You Can Actually Pay
Never agree to pay more than you can afford. Broken payment promises land you back where you started. Collectors become less willing to negotiate a second time.
Wakefield prefers lump-sum settlements over payment plans. Lump sums get them paid immediately. Payment plans mean you’ll pay more over time.
Choose monthly payments only if that’s your realistic option. Offer an amount you can afford on a timeline you’ll maintain.
Step 3: Make Your Settlement Offer
Start negotiations by sending a written letter to Wakefield. Request they reply in writing too. Written records protect you.
Written negotiation is easier than phone calls for most people. You can think through your responses carefully. If you do negotiate by phone, get everything in writing afterward.
Negotiate Everything, Not Just the Amount
You can negotiate multiple aspects of the settlement:
- The total settlement amount
- Payment method (lump sum or payment plan)
- Number of monthly payments
- Monthly payment amount
- How they report to credit bureaus
Credit reporting matters significantly. Negotiate to have them report “paid in full.” That status improves your credit score. It looks better than “partial payment” or “settled” to future lenders.
Settling After a Lawsuit Has Been Filed
You can still negotiate even after Wakefield sues you. They may want to settle almost as much as you do.
Settlements get them paid faster. They avoid the risk of losing in court. Court costs money and takes time.
Keep responding to court notices while negotiating. Show up to any scheduled hearings. Continue participating until the case is officially closed or dismissed.
If you’re facing a lawsuit and need help responding, our partner Solo can help you draft an answer to fight back.
Tips for Successful Debt Settlement
Debt negotiation doesn’t have to feel scary. These tips boost your confidence and success chances:
- Start low: Begin with an offer of 30-40% of the total debt
- Stay calm: Collectors may use pressure tactics, but you control the conversation
- Get everything in writing: Never pay without a written agreement first
- Don’t give bank access: Never provide electronic access to your accounts
- Know your rights: The Fair Debt Collection Practices Act protects you
- Document everything: Keep copies of all letters and payment confirmations
- Set boundaries: Tell them acceptable times and methods to contact you
Never let collectors bully you into paying immediately. Take time to review any settlement offer carefully.
How To Beat Wakefield in a Debt Lawsuit
Wakefield may sue you if you don’t pay. You’ll receive a summons and complaint from the court.
Responding to the lawsuit protects your rights. Ignoring it gives them an automatic win. They can then garnish your wages or bank account.
Responding is easier than you think. Our partner Solo has helped over 280,000 people respond to debt lawsuits successfully.
Step 1: Read Your Summons and Complaint
The summons informs you about the lawsuit details. It contains:
- Court name and address
- Names and addresses of both parties
- Case or docket number
- Date the court issued the summons
- Court signature and seal
- Your deadline to respond
The complaint explains the claims against you. Wakefield wrote it. The document uses numbered paragraphs to organize allegations.
Read both documents carefully. Note your response deadline on your calendar.
Step 2: Complete Your Answer Form
You respond by filling out an answer form. Most courts provide blank forms as templates. Find them at the courthouse or on the court’s website.
Search online using the court’s name plus “answer forms.” Many forms come with instructions.
Contact the court clerk if you need help. Clerks can’t give legal advice. They can explain court processes and form locations.
Your answer form is your chance to present defenses. Include affirmative defenses if you have them. Common defenses include:
- Statute of limitations has expired
- You already paid the debt
- The debt amount is incorrect
- The debt isn’t yours
- They can’t prove you owe the debt
You might need additional forms like a certificate of service. Check the court’s website or ask the clerk.
Step 3: File and Serve Your Answer
File your completed forms with the court. You can file in person or by mail. Many courts allow online e-filing.
Check the court’s website for filing instructions. The clerk can provide detailed information.
You must also serve a copy on Wakefield. Service means delivering your forms to them. Mail or in-person delivery usually works. Email is rarely allowed.
Keep proof of service for your records. A certificate of mailing or delivery receipt works.
Your Rights Under Federal Law
The Fair Debt Collection Practices Act protects you from abusive collectors. Wakefield must follow strict rules.
They cannot:
- Call before 8 AM or after 9 PM
- Contact you at work if you tell them not to
- Harass, threaten, or abuse you
- Use false or misleading statements
- Discuss your debt with others
- Continue contacting you after you request written communication only
Document any violations. Report them to the Consumer Financial Protection Bureau. You can sue collectors who violate your rights.
When Bankruptcy Might Be Your Best Option
Sometimes debt negotiation isn’t enough. Multiple medical bills can overwhelm your budget. Bankruptcy might offer a better solution.
Chapter 7 bankruptcy can eliminate medical debt entirely. You can get a fresh financial start. Most people complete the process in 3-4 months.
Chapter 13 bankruptcy creates a payment plan for debts. You pay what you can afford over 3-5 years. Remaining medical debt gets discharged.
Consider bankruptcy if:
- You owe more than you can realistically repay
- Medical bills keep piling up
- You’re facing multiple lawsuits
- Your wages are being garnished
- You can’t afford basic living expenses