How to Handle Stenger & Stenger: A Guide for Consumers

0
288
How to Handle Stenger & Stenger: A Guide for Consumers
How to Handle Stenger & Stenger: A Guide for Consumers

If you have fallen behind on debt payments, you might find yourself pursued by Stenger & Stenger, P.C., a law firm specializing in debt collection through litigation. Receiving letters or calls from this firm can be unsettling, as it means your creditor has hired attorneys to escalate the collection efforts.

Stenger & Stenger is known for its aggressive approach to debt collection, often filing lawsuits against alleged debtors. However, being targeted by this firm doesn’t mean you’re out of options. With the right knowledge and actions, you can potentially “beat” Stenger & Stenger and resolve your debt favorably. This guide covers essential information about Stenger & Stenger, your rights as a consumer, and strategies for countering their collection efforts through negotiation or legal defense.

Understanding Stenger & Stenger

Stenger & Stenger, P.C. is a Grand Rapids, Michigan-based law firm founded in 1997 by attorneys Thomas and Pamela Stenger. The firm specializes exclusively in debt collection litigation and creditor advocacy. They do not originate or purchase debts themselves but are hired by major creditors and debt buyers to pursue legal action against consumers who have defaulted on various types of unsecured debts, including credit cards, personal loans, auto loans, medical bills, and more.

When a creditor refers an unpaid account to Stenger & Stenger, the firm’s attorneys will send letters demanding payment and warning of potential litigation. If the consumer fails to respond or negotiate, the firm will file a lawsuit seeking a court judgment for the full balance, plus additional interest, fees, and court costs. A judgment can lead to garnishing the debtor’s wages, bank accounts, and other assets to satisfy the debt. Stenger & Stenger is known for aggressively pursuing these remedies once a judgment is obtained.

Who Does Stenger & Stenger Collect For?

Stenger & Stenger represents a wide range of creditors, including:

  • Credit Card Issuers: Discover, Capital One, Synchrony Bank
  • Auto Finance Companies: Ally Financial, Santander Consumer USA
  • Retail Stores: Walmart, Kohl’s, Ashley Furniture
  • Utility Providers
  • Medical Providers and Hospitals
  • Debt Buyers: Midland Funding, LVNV Funding, Portfolio Recovery

If you have an unpaid debt with any of these entities, your account could be referred to Stenger & Stenger for litigation and judgment recovery.

Contacting Stenger & Stenger

If you’ve been contacted by Stenger & Stenger regarding a debt, your first step should be to call them directly. This allows you to gather more details about the debt and potentially work out a payment arrangement.

Contact Information:

  • Phone: 616-940-1190 or 888-305-7775
  • Address: 2618 East Paris, Grand Rapids, Michigan 49546
  • Email: info@stengerlaw.com

When you call, have your account details and alleged balance ready. Be polite but firm, get full details about the debt, and see if the firm will accept a reasonable payment plan you can afford. If you can agree on a plan and make the payments as scheduled, this should prevent the firm from filing a lawsuit against you.

Stenger & Stenger Reviews and Complaints

Stenger & Stenger has received numerous complaints from consumers regarding its aggressive tactics. Accusations include violating debt collection laws, making false statements, and improperly pursuing debts. The firm has around 100 complaints closed against it in the last three years on the Better Business Bureau (BBB) website, with a rating of 1 out of 5 stars based on customer reviews.

Examples of Consumer Complaints:

  • “Stenger & Stenger called me repeatedly at all hours, claiming I owed a debt I knew nothing about. When I asked for verification and details, they refused and threatened to sue immediately.”
  • “I paid off a credit card debt years ago, but Stenger & Stenger claims I still owe the full balance and fees, with no documentation to back it up. They are extremely rude on the phone.”
  • “Stenger & Stenger obtained a judgment against me for $5,000 on a $500 medical debt by serving me improperly. I never received notice of the lawsuit until my wages were garnished. Shady firm.”

Responding to a Debt Lawsuit

If Stenger & Stenger files a debt collection lawsuit against you, you must take prompt legal action. Ignoring a summons can lead to an automatic judgment in the firm’s favor. When served with a summons and complaint, you typically have 20-30 days to file a formal “Answer” with the court. In this Answer, you will admit or deny the allegations, raise any affirmative defenses, and state your demands.

Potential Defenses:

  • Lack of documentation proving you owe the debt
  • Statute of limitations has expired
  • Mistaken identity or wrong defendant
  • Violations of debt collection laws by the firm

Example Answer to a Lawsuit:

[Your Name]
[Address]
[City, State Zip]
[Court Name and Address]
[Plaintiff Name: Stenger & Stenger, P.C.]
vs.
[Your Name], Defendant
Case No. [Insert Case Number]

DEFENDANT’S ANSWER TO COMPLAINT

Defendant [Your Name], responding to the allegations in Plaintiff’s Complaint, states as follows:

  • Admits the allegations contained in paragraph(s) […..]
  • Denies the allegations in paragraph(s) […..] as Defendant lacks sufficient knowledge to admit or deny the allegations.
  • Denies the remaining allegations in the Complaint.

AFFIRMATIVE DEFENSES

  • Plaintiff’s claims are barred by the applicable statute of limitations.
  • Plaintiff has failed to provide adequate documentation and evidence to prove its claims against Defendant.
  • Plaintiff has violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., by engaging in misleading and abusive conduct in its attempts to collect this alleged debt.

WHEREFORE, Defendant [Your Name] demands judgment dismissing Plaintiff’s Complaint, for costs and attorney’s fees as permitted by law, and for such other and further relief as the Court deems just and proper.

Dated: [Current Date]
[Your Signature]
[Your Name], Defendant

By filing a formal Answer denying the allegations and asserting all possible defenses, you force Stenger & Stenger to prove their case against you at trial. This buys you more time to potentially negotiate a settlement while avoiding an automatic judgment.

Steps to Take If Sued

Must Read- Can I Still Settle a Debt After Being Served

If Stenger & Stenger files a debt lawsuit against you, follow these steps:

  1. Respond quickly by filing a formal Answer with the court, asserting your defenses (see example above).
  2. Gather documentation and evidence regarding the debt, payment history, and communications with the firm.
  3. Consult with a consumer law attorney for advice on potential violations and defenses against the lawsuit.
  4. Attempt to negotiate a settlement with Stenger & Stenger while the lawsuit is pending.
  5. If no settlement is reached, request a hearing and prepare to defend yourself in court.

By taking these actions, you force Stenger & Stenger to follow proper legal procedures and prove their right to collect the debt from you. This levels the playing field and can improve your negotiating position.

While Stenger & Stenger is known for aggressive debt collection, you have rights and options as a consumer—even after being sued. With diligence and the proper response, you can potentially “beat” this firm and reach a favorable resolution.

LEAVE A REPLY

Please enter your comment!
Please enter your name here