What Should I do If I get Sued By a Debt Collector?
If you get sued by one of your credit card companies or other debt collectors you should speak to a debt relief attorney who may be able to bet advise you on what to expect. Secondly you should not panic, you still have time to get your financial matter resolved. If you have been sued by a debt collector, it probably means that you have owed an outstanding debt for a long period of time. Usually debt collectors will try every method available to them in order to collect on a debt, before they file suit. This is because taking somebody to court costs money that they now have to pay a law firm and a court for filing fee costs.
Getting sued by a debt collector is not the end of the world, although it does speed up the time frame for which you need to action. If you are looking to extend out the legal process and make it more difficult for debt collector to collect on a debt you should always file an answer to any summons and complaint. This way you can avoid having a default judgement entered against you and force the creditor to attend a court hearing to plead their case to a judge. If you fail to appear at your court hearing a default judgement will be entered against you so you should appear if you think you will have a valid argument in which to tell the judge. Also make sure to bring any evidence with you to support your arguments.
If you seek to eliminate the debt without having to go through litigation, you could file for bankruptcy if it makes sense or settle the debt out of court. Filing bankruptcy will stop a collection lawsuit in its tracks and the creditor will most likely not be able to collect on the debt if the debt is dischargeable in bankruptcy. Similarly, if you have a lump sum in which to obtain a debt settlement, then you can avoid having a judgement entered against you. Usually creditors will accept 50-75% less than what you owe on the debts, however if you wait until after the default judgement is entered against you, then you risk losing your leverage and negotiating power as the creditors may now proceed with garnishing your wages or bank accounts.
If you have additional questions regarding how to deal with a debt collection law suit, contact Symmes Law Group at 206-682-7975