Salander Enterprises files a large number of debt collection lawsuits in Arizona. Salander Enterprises is a junk debt buyer that purchases old charged of debt – often medical debt – and then files lawsuits on in an attempt to collect the debt.
Most Salander Enterprises Cases are Filed in Arizona Justice Courts
The overwhelming majority of lawsuits filed by Salander Enterprises in Arizona are filed in the justice court system. Arizona justice courts handle debt collection lawsuits where the amount in dispute is less than $10,000. The superior courts in Arizona handle debt collection cases where the amount in dispute is more than $10,000.
How to Defend Against a Salander Enterprises Lawsuit
Tip #1 – File an Answer
Once you have been served with a lawsuit, it is important that you understand that in Arizona you only have 20 days to respond by filing a written Answer with the court.
If you fail to file an Answer with the court, you will end up with a default judgment being entered against you. Once Salander Enterprises obtains a default judgment they can garnish your wages and levy the money in your bank account.
If you want any chance of winning your case, it is VITAL that you file a written Answer with the court.
Tip #2 – Show Up To All Court Hearings On Time
During your lawsuit, there may be one or two court hearings you will be required to attend.
It is important to understand that in the Arizona justice court system if you do not show up to a hearing the judge will enter judgment immediately. While I don’t agree with this approach, and I don’t think Arizona law supports it, the reality is if you aren’t there you will lose your case with Salander Enterprises.
Tip #3 – Never Lose Sight of Who Your Opponent Is
It can be easy to forget that the company that is suing you is a company that never loaned you any money and that you never agreed to pay any money.
Because there is no contract between you and Salander Enterprises, in order to prevail, Salander must not only prove that you owed money to an original creditor but must also prove its ownership of the account through an unbroken chain of title.
This is often more difficult for Salander to do than you might think. Part of the reason this proves to be a difficult task is because often the accounts have changed hands several times before making their way to Salander Enterprises.
Attached to the court documents you may see names like First Financial Investment Fund V, LLC. Salander is alleging that they purchased the debt from a First Financial (or a similar company) who in turn purchased it from either the original creditor of another debt buyer.
Salander will be required to show a valid transfer of your specific account between each of the purported buyers. Note, it is not enough that they show a transaction occurred between the various the debt buyers, they must show that your specific account was transferred as a part of those transactions.
Tip #4 – Make Them Prove The Amount Owed
In addition to proving ownership of the account, Salander Enterprises must prove to the court the exact amount that is allegedly owed.
Debt buyers often try and prove the amount owed by providing one or two monthly statements. This is not enough.
They often try and rely on Arizona Revised Statute 44-7804. This statute states:
A.R.S. 44-7804. Establishment of Amount Owed on a Credit Card Account
“In an uncontested court action in this state a creditor may establish the amount of the debt that is owed on a credit card account through a copy of the issuer’s final billing statement or by the electronic record pursuant to section 44-7007 that is maintained by the issuer and that represents the amount owed. In contested actions the court shall weigh the evidence of the parties as required by law.”
Thus, under Arizona statute, it is only permissible for a debt buyer like Salander Enterprises to use the final billing statement in uncontested matters. If you have filed an Answer and are disputing the lawsuit it is considered contested and thus Arizona law requires the debt buyer to actually prove what the amount owed is. Despite this, debt buyers like Salander Enterprises will often submit one or two monthly statements and that will be the extent of information they will provide as to how they calculated the balance owed.
It is important to hold the debt buyer accountable and prove what is actually owed.
If You Want to Win Your Case Against Salander Enterprises You Must Take Action
The message I need to convey in this article is if you want to win your case you must take action. There are a lot of moving parts in debt collection cases, however if you hold the debt buyers feet to the fire it is surprising how little information and evidence debt buyers like Salander Enterprises have.
Free Consultation to Consumers Who Have Been Sued by Salander Enterprises
If you have been sued by Salander Enterprises we offer a free consultation to review your case and help you put together a game plan to help you win your case.
You can call us at (480) 420-4028 or you can go online and schedule an appointment by clicking HERE.
Schedule a Free Consultation!
John Skiba, Esq.
We offer a free consultation to discuss your debt problem and help you put together a game plan to eliminate your debt once and for all. Give us a call at (480) 420-4028