Sued by MSW Capital LLC? How to Respond and Settle Your Debt
MSW Capital LLC is a debt buyer that purchases charged-off accounts and files lawsuits to collect. You can defend yourself by filing a timely Answer, demanding debt validation, raising FDCPA violations as defenses, and negotiating settlement for less than you owe.
Respond to MSW LawsuitMSW Capital LLC contacted you about an old debt. Maybe they filed a lawsuit against you.
Don’t panic. You have rights and options to resolve your situation successfully.
Beat MSW Capital's Lawsuit with the Right Response
You have less than 30 days to file your Answer to MSW Capital's lawsuit. Our partner Solo helps you create a strong response that raises proper defenses and protects you from default judgment.
File Your Answer NowWho Is MSW Capital LLC?
MSW Capital LLC buys defaulted debts from original creditors. They purchase these accounts for pennies on the dollar.
The company then attempts to collect the full amount owed. They file hundreds of lawsuits every year.
MSW Capital has been listed with the Better Business Bureau since 2009. The BBB gave them a “D” rating. They are not BBB accredited.
Never ignore a lawsuit from MSW Capital LLC. Ignoring it means you automatically lose. The court will issue a default judgment against you.
Who Does MSW Capital Collect For?
MSW Capital is a debt buyer, not an original creditor. They purchase charged-off accounts from lenders and credit card companies.
They may hire other law firms to enforce collection. Many times they outsource the actual collection work.
You can send a Debt Validation Letter to MSW Capital. The letter forces them to prove who owned the original debt.
MSW Capital must verify the debt details within 30 days. They cannot continue collection activities until they provide proof.
What to Do If You’re Sued by MSW Capital LLC
Take action immediately when you receive a lawsuit. Follow these steps to protect your rights.
Document All Communications
Keep detailed records of every interaction with MSW Capital. Write down dates, times, and what was said.
Debt collectors cannot call you before 8:00 am or after 9:00 pm. They cannot call you at work if your employer prohibits it.
They cannot use obscene language or make threats. These violations of the Fair Debt Collection Practices Act help your defense.
File Your Answer on Time
You must file an Answer to the lawsuit within your state’s deadline. Most states give you 20 to 30 days.
Your Answer should raise affirmative defenses. Demand that MSW Capital prove you owe the debt.
Make them prove the amount is correct. Make them prove you are the right person.
Our partner Solo helps you respond to debt collection lawsuits quickly and correctly.
Stay Engaged Throughout the Process
Filing an Answer is just the beginning. Monitor the lawsuit’s progress carefully.
Respond to all court requests promptly. Prepare for any scheduled hearings.
Your ongoing participation protects your interests and improves your outcome.
How to Settle a Debt with MSW Capital LLC
Settlement can resolve your case before or after a lawsuit. Many debt buyers accept less than the full amount.
Follow these steps to negotiate effectively with MSW Capital.
Step 1: Determine Your Maximum Offer
Review your finances honestly. Calculate the absolute maximum you can afford to pay.
Make your initial offer lower than your maximum. You need room to negotiate if MSW Capital counteroffers.
Step 2: Initiate Settlement Negotiations
Contact MSW Capital directly to propose settlement. They often prefer settlement over lengthy court battles.
Debt buyers purchased your account at a steep discount. They can still profit while accepting less than you owe.
Step 3: Get Everything in Writing
Never make a payment without a written settlement agreement. The agreement must state the exact amount and payment terms.
It should confirm the debt will be marked as settled. Get this document before you send any money.
Negotiating with debt collectors can feel intimidating. Our partner Solo simplifies the settlement process for you.
Use the FDCPA to Hold MSW Capital Accountable
The Fair Debt Collection Practices Act protects you from abusive collection tactics. Understanding these rules strengthens your defense.
Request Written Communication
Many debt collectors misrepresent information over the phone. Phone conversations are hard to document and verify.
Ask MSW Capital to send all communications in writing. The FDCPA requires official communication through U.S. mail.
If they refuse to provide written documentation, you can use this against them. Their lack of response strengthens your court defense.
Demand Proof of the Debt
MSW Capital buys charged-off accounts from various sources. Important details often get lost during transfers.
Send a Debt Validation Letter immediately after first contact. Request specific information about your account.
They must provide the original creditor’s name. They must show the exact amount owed and how it was calculated.
MSW Capital has 30 days to respond to your validation request. They cannot pursue collection until they provide this information.
If they file a lawsuit without providing validation, you have grounds to challenge them. You can file a counterclaim for FDCPA violations.
Evidence You Need for Your Defense
Collect proof that MSW Capital violated FDCPA rules. You need documentation to support your claims.
- Keep copies of your mailed Debt Validation Letter
- Save delivery confirmation showing MSW Capital received your letter
- Document their failure to respond within 30 days
- Record any prohibited collection activities they attempted
Consumer Rights Under the FDCPA
Federal law limits what debt collectors can do. Knowing these restrictions helps you identify violations.
MSW Capital and any firm they hire cannot engage in these practices:
- Calling you at work when your employer prohibits it
- Calling before 8:00 am or after 9:00 pm
- Discussing your debt with anyone except your attorney or spouse
- Threatening arrest for unpaid debt
- Threatening to seize property without a legal warrant
- Using profane or abusive language
- Misrepresenting the amount you owe
- Making false statements about the debt
Document any FDCPA violations immediately. You can use violations as evidence in court within one year.
After one year passes, violations no longer count as admissible evidence.
The Statute of Limitations Can Work in Your Defense
Every state sets time limits for filing debt collection lawsuits. Creditors cannot sue you after this period expires.
Each state has different time limits for different debt types. Written contracts typically have longer limitation periods than verbal agreements.
How the Statute of Limitations Works
The clock starts when you first default on payment. Making any payment restarts the entire period.
Admitting you owe the debt in court also restarts the clock. Be careful about what you acknowledge.
Once the limitation period expires, your debt becomes time-barred. Collectors can still ask for payment, but they cannot sue you.
Defending Against Time-Barred Debt Lawsuits
Always respond to lawsuits even if you believe the debt is time-barred. File an Answer to avoid default judgment.
Raise the statute of limitations as an affirmative defense. Provide evidence showing when you last made a payment.
If the court agrees the debt is time-barred, you have options. You can settle for less or pay nothing.
MSW Capital can continue contacting you about time-barred debt. Send them a written cease-and-desist letter to stop all communication.
Your Next Steps Against MSW Capital LLC
You can beat MSW Capital in court with the right approach. Start by understanding your rights under federal law.
File your Answer on time with strong affirmative defenses. Demand proof that you owe the debt they claim.
Consider settlement if the debt is valid and affordable. Get everything in writing before making any payments.
Document every FDCPA violation MSW Capital commits. These violations strengthen your position significantly.
Take action today to protect yourself from MSW Capital LLC.