What You Should Know About Debt Lawsuits
When creditors don’t receive payment for debt that is past due or accounts that are delinquent, they may look to exercise their legal options in collecting from debtors. A lawsuit may be filed against you through a small claims court or federal court, depending on how much you owe. If you have the right knowledge when it comes to defending yourself, you may be able to negotiate or win against a suit filed.
Some are not familiar with the process of a lawsuit. You’ll know you are being sued when a summons is delivered to you by a process server. The information has a complaint attached that is usually filed by the creditor or plaintiff, which explains what they are seeking from you, the debtor or defendant. The information presented to you has already been filed with the court.
To avoid a default judgment, you respond to the summons by submitting an answer to the court or showing up on the scheduled court date. A default judgment is basically an automatic win for the plaintiff or creditor who filed the suit against you. This could lead to wage garnishment or another judgment order leading to legal collection.
Some debts may not be collectible meaning they may not be yours. This could result from a creditor or debt collector trying to collect on expired debt or it could be something that was already paid and you just need to provide proof. If the debt is yours, and you have no way of paying you should speak to a bankruptcy attorney. Many judgments can be dismissed through bankruptcy.