What to do if Westlake Financial Sues You

Sued by Westlake Financial Services? Here's What To Do

One of the most important things to do if you are being sued by Westlake Financial is to respond to the lawsuit. Ignoring the lawsuit can result in a default judgment against you, which can have serious consequences. Here are the steps you should take if you've received a Summons or Complaint in the mail

What to Do If You've Been Sued by Westlake Financial

Respond! Ignoring a lawsuit is dangerous and gives companies like Westlake an easy path to win. We built LawLaw to help consumers prepare and respond to lawsuits like this.

Drafting & Filing an Answer to a Debt Lawsuit

Drafting an answer to a lawsuit is simply a formal way to respond and provide the positions and arguments from your side.  It's important to file an answer within the required time frame, which is typically 20-30 days from the date you were served with the complaint.

In your answer, you should include any affirmative defenses that you may have. Affirmative defenses are legal arguments that can help you avoid liability even if the allegations in the complaint are true. For example, you may be able to argue that the debt is time-barred under the statute of limitations, or that Westlake Financial doesn't have the required documentation to prove that you owe the debt.

Including Affirmative Defenses

When drafting your answer, it's important to include any affirmative defenses that you may have. Here are some common affirmative defenses that you may be able to use in a debt lawsuit:

• Time-barred debt: If the debt is past the statute of limitations, it may be time-barred, and you may not be liable for it.
• Lack of documentation: If Westlake Financial can't provide the required documentation to prove that you owe the debt, you may be able to argue that you're not liable for it.

Read up on affirmative defenses and be sure to include them. Sometimes your only chance to assert them is in your response! If you want help creating your answer, we can help you with our LawLaw platform.

What Is Westlake Financial Services and Are They Legitimate?

Westlake Financial is a Los Angeles-based auto finance company that specializes in subprime and near-subprime loans. They have been in business since 1988 and have grown to become one of the largest independent auto finance companies in the United States.

Westlake Financial is not a debt collection agency, but they do have a collections department that handles delinquent accounts. If you have fallen behind on your payments, you may have been contacted by Westlake's collections department. However, if you have been sued by Westlake Financial, it is likely that your account has been charged off and sold to a third-party debt collector.

It is important to note that Westlake Financial has had some legal issues in the past. In 2017, the Justice Department filed a complaint in the U.S. District Court for the Central District of California alleging that Westlake and its subsidiary, Wilshire Commercial Capital, violated the Servicemembers Civil Relief Act (SCRA) by unlawfully repossessing vehicles owned by servicemembers. Westlake Financial agreed to pay over $225,000 to resolve the case.

Despite this legal issue, Westlake Financial is a legitimate company that is licensed and regulated by the relevant state and federal agencies. They have an A+ rating with the Better Business Bureau and have been accredited since 2011.

Risks of Ignoring a Lawsuit

Ignoring a lawsuit from Westlake Financial can have serious consequences. If you fail to respond to the lawsuit, Westlake Financial can obtain a default judgment against you. A default judgment means that Westlake Financial wins the lawsuit automatically because you failed to respond.

Once Westlake Financial has a default judgment against you, they can start taking steps to collect the money owed. This can include garnishing your wages or bank account, which means they can take money directly from your paycheck or bank account to pay off the debt.

Additionally, a default judgment can negatively impact your credit score and credit report. The judgment will be reported to credit reporting agencies and will remain on your credit report for up to seven years. This can make it difficult to obtain credit in the future and can result in higher interest rates and penalties.

How to Negotiate with Westlake Financial

Dealing with lenders like Westlake Financial or a delinquent auto loan can be stressful--but we've got your back if you're facing a debt collection lawsuit.

How to Negotiate a Settlement If You Have a A Debt With Westlake Financial

If you've confirmed that the debt is legitimate then you have a few options and things to take care of before going to court. A settlement is an agreement between you and the debt collector or original creditor to pay a portion of the debt in exchange for the debt being considered paid in full. When negotiating a settlement, it's important to start with a low offer and be prepared to compromise. You may also be able to negotiate a payment plan or a lump sum settlement.

1. Respond to the lawsuit if you've been sued for a debt (this is key and shows that you're serious about the situation and you won't be an easy target)
2. Start negotiations with Westlake by reaching out to them or the law firm representing them
3. Consider working out a payment plan or series of monthly payments in exchange for them to dismiss the lawsuit against you

Things to Never Reveal to a Debt Collector

When dealing with a debt collector, it's important to know your rights and what information you should and should not reveal. Never give out your bank account or social security number, as this information can be used to collect the debt. Also, do not admit to owing the debt or make any promises to pay until you have validated the debt and reviewed your options.

FDCPA and Validating Your Debt

Under the Fair Debt Collection Practices Act (FDCPA), a debt collector must provide you with certain information about your debt. This includes the amount owed, the name of the creditor, and a statement informing you of your right to dispute the debt. If you receive a collection notice, you have the right to request validation of the debt within 30 days. This means that Westlake Financial must must provide you with proof that you owe the debt. If you've already received a summons regarding a debt with westlake financial, this validation should not be your main priority.

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