How to Resolve a Regional Finance Lawsuit in Court

Are you being sued by Regional Finance for an old debt? You have rights and options, even when facing a lawsuit. Instead of feeling overwhelmed, you can take concrete steps to protect yourself. You may resolve this debt through negotiation, settlement, or by challenging their claims. The key is acting quickly and understanding your legal options.

Who Is Regional Finance?

Regional Finance is a personal loan company based in South Carolina. They target consumers with poor credit scores, offering personal loans with high interest rates. You’ve probably seen their “pre-approved” loan mailers.

The company operates over 300 offices in eight states. These include New Mexico, Texas, Oklahoma, Tennessee, Georgia, Alabama, North Carolina, and South Carolina. They only accept loan applications from residents in these states.

Regional Finance has earned a reputation for aggressive debt collection tactics. Numerous complaints have been filed with the Better Business Bureau and Consumer Financial Protection Bureau. Many consumers report violations of the Fair Debt Collections Practices Act. Common violations include inappropriate communications and attempting to collect debts not actually owed.

Respond Quickly to Your Regional Finance Lawsuit

Timing matters when you receive a lawsuit from Regional Finance. You must file a formal response, called an Answer, within your state’s deadline. Ignoring the lawsuit is the worst mistake you can make.

Many people think doing nothing will make the problem disappear. The opposite happens. When you fail to respond, Regional Finance can obtain a default judgment against you. A default judgment gives them powerful collection tools.

With a judgment, Regional Finance can:

• Garnish your wages directly from your paycheck
• Freeze and withdraw money from your bank account
• Collect additional attorney’s fees and court costs
• Place liens on your personal property

Filing an Answer protects you from these consequences. Our partner Solo can help you prepare and file your Answer correctly. Most debt collectors assume you won’t respond. When you do, it creates leverage for negotiation.

An Answer buys you valuable time to explore settlement options. Regional Finance often prefers settling over prolonged court battles. You put yourself in a stronger position by responding promptly.

Settle Your Regional Finance Debt

Debt settlement often provides the best outcome for both parties. You save money while Regional Finance recovers at least a portion of the debt. Settlement avoids the stress and uncertainty of a trial.

The Debt Settlement Process

Here’s how settlement typically works with Regional Finance:

• Regional Finance files a lawsuit against you for the alleged debt
• You file an Answer to prevent a default judgment
• You calculate how much you can afford as a lump sum or monthly payments
• You contact Regional Finance’s attorney with a settlement offer
• Both sides negotiate until reaching an agreement
• The attorney drafts a settlement agreement and files it with the court
• You make payments according to the agreement
• The debt is resolved and the case is dismissed

Successful negotiation requires preparation and realistic expectations. Determine your budget before making an offer. Regional Finance may accept 40-60% of the total debt as settlement. The key is making an offer you can actually afford to pay.

Stay professional and cordial during negotiations. Multiple conversations may be necessary to reach an agreement. Document everything in writing before making any payments.

Demand Proof of the Debt

Regional Finance must prove you actually owe the debt they’re claiming. Many collection lawsuits involve debts that have been bought and sold multiple times. Each transfer increases the chance of errors or missing documentation.

You have the right to request verification of the debt. Demand that Regional Finance provide:

• A copy of the original signed loan agreement
• Complete account history from opening to present
• Documentation of each balance transfer or sale
• Proof they own the debt or have authority to collect it

Many debt collectors lack complete documentation. They may only have basic account information without supporting evidence. If Regional Finance cannot provide adequate proof, you can challenge the lawsuit on these grounds.

Include these requests in your Answer to the lawsuit. The burden of proof rests with Regional Finance, not you. They must prove every element of their claim with admissible evidence.

Check the Statute of Limitations

Every state sets time limits for filing debt collection lawsuits. These limits are called statutes of limitations. The timeframe varies by state and debt type, typically ranging from 3-6 years.

Regional Finance cannot legally sue you if the statute of limitations has expired. Many debt collectors file lawsuits on old debts, hoping you won’t notice. They assume you won’t check whether they still have the legal right to sue.

Calculate when your debt became delinquent. Compare this date to your state’s statute of limitations for the debt type. If the deadline has passed, raise this as an affirmative defense in your Answer.

An expired statute of limitations can get the entire lawsuit dismissed. The court must dismiss the case if you properly raise this defense. Research your state’s statute of limitations as soon as you receive the lawsuit.

File a Counterclaim for FDCPA Violations

You can go on offense if Regional Finance violated debt collection laws. The Fair Debt Collection Practices Act protects consumers from abusive collection tactics. Violations give you grounds to file a counterclaim.

Common FDCPA violations by Regional Finance include:

• Calling before 8:00 AM or after 9:00 PM
• Contacting you repeatedly at work after being asked to stop
• Using threatening, profane, or abusive language
• Misrepresenting the amount owed or legal consequences
• Contacting third parties about your debt
• Continuing collection efforts after you requested verification

Document every interaction with Regional Finance collectors. Record dates, times, and details of phone calls. Save all letters, emails, and text messages. This evidence supports your counterclaim.

A successful FDCPA counterclaim can result in damages up to $1,000 plus attorney fees. Regional Finance may agree to dismiss their lawsuit to avoid liability. Our partner Solo can help you evaluate whether you have grounds for a counterclaim.

Protect Your Rights Against Regional Finance

You have multiple strategies for defending against a Regional Finance lawsuit. Success requires taking immediate action and understanding your legal rights.

Essential Steps to Take

Follow these steps when Regional Finance sues you:

• Document all phone calls made before 8:00 AM or after 9:00 PM
• Record any calls made to your workplace
• Note any inappropriate or threatening language used by collectors
• File your Answer before the deadline expires
• Raise affirmative defenses like statute of limitations
• Demand proof of the debt amount and ownership
• Consider settlement as a way to resolve the case quickly
• Explore filing a counterclaim for FDCPA violations

Regional Finance assumes most people won’t fight back. Proving them wrong puts you in a stronger negotiating position. You can often settle for less than the full amount by responding strategically.

Never ignore a lawsuit, no matter how old the debt. The consequences of inaction are severe and long-lasting. You have the power to protect yourself by taking appropriate legal steps.