Fenton and McGarvey is a law firm that represents creditors against consumers.
They file lawsuits against consumers to try to collect money for their clients.
Why did Fenton and McGarvey file a lawsuit?
They filed a lawsuit because their client said you owed money to their client. Fenton and McGarvey is acting as an agent for their client. They have not purchased this debt. Usually when they file a lawsuit they will ask the court to award them the full amount claimed plus attorney’s fees plus pre and post judgment interest Learn more about what they can ask for in the lawsuit. You should take any court action against you seriously. Ignoring the lawsuit can make the situation worse.
If they take a judgment against you, they may be able to:
- Freeze your bank account (Learn more about Bank Garnishment)
- Take your paycheck in most states (Learn more about Wage Garnishment)
- In some states, go after retirement savings
- Sell unprotected assets including homes, cars, jewelry
How do I know if I have been sued?
Usually when Fenton and McGarvey files a lawsuit, the first you learn of it is by consumer attorneys mailing you asking you to hire them. It can take days to months before you are served with the lawsuit. You can check to see if you have been sued by Find a Court Website Online. Once you are served with the lawsuit, you need to answer it within a time frame required by the state. If you need help answering a lawsuit, contact a consumer credit attorney.
Can I contact Fenton and McGarvey’s client directly?
Usually when a creditor sends a debt to Fenton and McGarvey to collect, they usually do not speak to you. If you call them, they will most likely ask you to call Fenton and McGarvey. Even if you make an arrangement with the creditor directly, you will still need to contact the law firm to make sure that the lawsuit reflects the new agreement. If you do not work out a resolution directly with Fenton and McGarvey, then you risk them continuing with the lawsuit and they may take a judgment against you. If you need help negotiating a settlement, contact a consumer credit attorney.
Fenton and McGarvey is a debt collector too
Received a letter from Fenton and McGarvey? They usually will send a demand letter before they file a lawsuit against a consumer. This letter should state who their client is and how much money they are trying to collect from you. DO NOT IGNORE THIS LETTER. If you receive this letter, you may want to send a letter to them disputing the account. Fenton and McGarvey is acting as a third party debt collector that is governed by the Fair Debt Collection Practices Act (FDCPA). This means that if you discover problems with the way they are collecting the debt you may have more leverage against them when trying to resolve your lawsuit or debt collection issue.
Dispute with Fenton and McGarvey
Since this law firm is a third party debt collector outside of the lawsuit, you can dispute with them about the debt they are trying to collect.
The process of disputing after receiving the demand letter
- Send the Sample Dispute Letter to Fenton and McGarvey
- Mail the dispute letter via Certified Mail to them.
- Check in 7 to 10 days at usps.com the tracking number to make sure it was delivered.
- Wait 30 days for their response
- Evaluate their response to see if there are problems with the response.
What to look for in their response?
- Did they clearly state the amount they claim owed.
- Did they clearly state who the debt is owed?
- Did they respond within 30 days of receipt of your dispute?
- Did they file the lawsuit before they answered your dispute?
- Are there any other problems you see? If your state requires them to be registered as a Debt Collector, are they registered? See States that Require Debt Collectors to be Licensed
How do I contact Fenton and McGarvey?
When dealing with a law firm it may be best to be represented. They have attorneys and so should you.
What do I do if do if I get sued by Fenton and McGarvey
- Do nothing If you do nothing, Fenton and McGarvey may take a default judgment against you. They can use that judgment against you. They may be able to go after your bank account, wages in most states, and sell unprotected assets. They can hinder the sale of a property and stop financing for a home. Once a judgment is taken they also may want to settle at a higher percentage rate.
- Settle with them You can decide to settle with Fenton and McGarvey. While they may start by asking for you to pay the full amount they may agree to discount the amount due based on hardships. A consumer credit attorney can assist in settling the debt.
- Fight the lawsuit You can choose to fight the lawsuit. If you choose to fight, you can often ask for more documentation related to the debt. Using this documentation you might be able to find ways to show the judge that there are sufficient problems in their case that you may not owe them the money. A consumer credit attorney can help fight a lawsuit with Fenton and McGarvey.
Fenton and McGarvey Complaints and Reviews
You can find complaints and reviews on Fenton and McGarvey. Pay attention to what people are saying on reviews and complaints online about them. If you are uncomfortable in dealing with them yourself, you may want to contact a Consumer Credit Attorney
You can read their reviews at:
- Better Business Bureau® Profile – BBB