how to call colection lawyer after being sued

What happens if you ignore a lawsuit?

If you ignore a court action, it's likely that a judgment will be entered against you for the amount the creditor or debt collector claims you owe.

How to collect a judgment?

Judgments give debt collectors much stronger tools to collect the debt from you. Depending on your situation and your state’s laws, the creditor may be able to: 1 Garnish your wages 2 Place a lien against your property 3 Move to freeze or garnish all or part of the funds in your bank account

What is a judgment in a court case?

A judgment is a court order.

Can a judgment be changed?

A judgment is a court order. Only the court can change it. It's very difficult to get a judgment changed or set aside once the case is over. You have a much better chance to fight a collection in court if you defend the case than if you wait until a judgment is entered against you.

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

What happens if you don't respond to a collection?

If you don’t respond to the suit, the collector will most likely ask the court to enter a default judgment, which means you automatically lose the case. The court might then simply award the collector the amount it requested, or it might scrutinize the documentation to make sure the amount is legitimate, or the court might require the collector to present evidence before awarding any money. The collector will probably be able to get attorneys’ fees, court costs, and interest in addition to the amount you owe. Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

How to challenge summary judgment?

To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.

What happens if a collector gets a judgment against you?

Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

Who can refer you to a consumer lawyer?

An attorney you know or have worked with before may be able to refer you to an attorney who has experience in consumer law.

Can low income people get legal aid?

Low income consumers may qualify for legal aid. Find an office in your state here.

Do attorneys charge a fee?

Some attorneys may also offer free services, or charge a reduced fee. There may also be legal aid offices or legal clinics in your area that will offer their services for free if you meet certain criteria.

Can you leave originals with a debt collector?

Never leave your originals with anyone. It will be helpful for your attorney to review copies of letters you have received from the debt collector, as well as any copies of records you have kept of phone calls, letters you wrote to the debt collector, or other communications. Read full answer.

What is a collection lawsuit?

A debt collection lawsuit commences when the law firm that represents your creditor files a case against you in civil court. You will be served a court summons and a copy of the complaint, which is the legal document that spells out the amount your creditor believes you owe and the reasons why they believe you are accountable for this debt.

How long can a creditor file a lawsuit against you?

The length of the statute of limitations varies by state and typically falls between 3 – 10 years from the date of the first defaulted payment or the date of the last payment received, depending on the approach taken by each state.

How to pay debt in full?

You can always pay the debt in full with a lump sum payment. You can also pay the debt in full over time by entering into a payment plan with the creditor, if your creditor is amenable to this solution. This is a possible resolution even after a lawsuit has been filed but has not yet concluded. Your creditor wants to resolve the suit so they can avoid racking up legal fees, court costs, and other legal costs when there is a risk that you could file for bankruptcy and they would potentially receive nothing.

What happens if you miss a payment?

Chances are that after the months of missed payments stack up, the original creditor will cut its losses and sell the debt to a debt collection agency. Your account will read as “charged-off” on your credit report, which may decrease your credit score.

What happens if you miss a payment on a credit card?

For example, as soon as you miss a credit card payment, the credit card company will begin calling the phone number on file.

What happens if you settle debt?

This negative reporting will likely decrease your credit score, making future borrowing more costly in the form of higher interest rates and annual fees on credit cards.

Can a debt collector sue you again?

If the defense is successful, the case will be dismissed. If that happens, then your creditor can’t sue you again for the same debt.

What is the answer to a lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you. It signals to the court and the other side that you intend to defend the case.

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What happens if you don't file a written response?

If you do not file a written response within the required time, the “plaintiff” (the party suing you) can ask the court for a default judgment against you for everything she asked for in her complaint. After the plaintiff gets a default judgment, she can try to garnish your wages, attach your bank account, or take your property.

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

What happens if a contractor crashes your car?

If the contractor instead had a claim against you because you crashed your car into his, that would be a permissive counterclaim. The contractor could pursue it in the case you filed against him, but he could also file a separate lawsuit.

What does "fail to state a claim" mean?

In other words, you are arguing that plaintiff failed to state a legal claim in the complaint, and there is no relief legally available to plaintiff based on her allegations.

What does it mean when you receive a summons and complaint?

Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.

Step 1: Pause, and breathe

If you have just been served, then you have some time to react but deadlines have already begun. Take a breath and read the papers that you’ve received to find out what the lawsuit is about. It could involve your landlord, tenant, business partner, or some other person.

Step 2: Do NOT Ignore It

Whether you agree with Plaintiff’s claims will not matter if you ignore the suit or fail to cooperate with the Court. You may hope it goes away but you could end up with a default judgment or sanctions against you if you ignore it. It almost certainly will not go away.

Step 3: Preserve EVERYTHING

This means everything, not just the things you think are helpful. You have a duty to preserve or save all possible evidence. This might include letters, emails, voicemails, and even text messages. It could also include photographs, videos, and any other thing that might relate to the case such as spreadsheets and even social media interactions.

Step 4: Contact a Litigation Attorney

Litigation Attorneys deal with civil suits daily and can explain your options, help you to figure out how to proceed, and handle the many deadlines and documents that will ultimately be involved. When you first contact our office, we will need to know the names of all persons or entities involved in the suit.

Step 5: Bring Documents to the Consultation

When you meet with a litigation attorney, bring along all important documents. This includes all court papers. It may include contracts, emails, letters, or text messages with the other party. It could also include notices, bills, warnings, or demand letters.

Hunter B. Schenck

Hunter B. Schenck provides legal services to individuals and businesses in the area of litigation.

What Is a Debt Validation Letter?

The Fair Debt Collection Practices Act requires any debt collector to provide you with this type of letter. It describes how much money is owed, how the debt was established, and other information.

Why Do I Need Such a Letter?

Unfortunately, errors frequently occur in the debt-collection world. There have been many cases in which someone paid a debt without realizing the debt was:

When Should I Expect the Letter?

If you haven't received the debt validation letter within ten days of your first contact with the debt collector, request one the next time the collector contacts you. Request the debt collector's mailing address, too – you will need it if you later decide to request a debt verification letter.

Is There an Easier Way to Accomplish This?

Writing and sending a debt validation letter request to an attorney can be a detailed process that consumes much of your quality time. An effective alternative is DoNotPay. Our product can simplify the entire process, and you will find it to be:

What to do when a creditor sues you for debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.

What can a debt settlement attorney do?

Even if you don't end up hiring a lawyer, an experienced debt settlement attorney can help you evaluate the creditor's case and your personal circumstances to determine the best course for you.

What happens if you don't have a defense in a lawsuit?

If you owe the amount that the creditor is seeking in its lawsuit, hiring a lawyer might be a waste of time and money. If you don't have a defense or counterclaim and the creditor can easily prove its case, then you'll lose. You'll then owe the judgment amount, have to pay your own attorney, and might have pay the creditor's attorneys' fees too. (In some types of cases, the losing party has to pay the other side's attorneys' fees).

What happens if you win a counterclaim?

If you win on your counterclaim, you might get a money judgment against the creditor. Your filing of the counterclaim might also induce the creditor to withdraw its lawsuit against you.

What is a defense in a lawsuit?

A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.

Can a creditor produce original paperwork?

the creditor can't produce the original paperwork to prove you owe the debt. (Learn more about common defenses in collection lawsuits .)

Can you hire an attorney to defend a lawsuit?

Even if you have a good defense to the lawsuit, you'll want to consider the amount of the debt before hiring an attorney. Attorneys' fees can add up quickly. If you hire a lawyer to defend a lawsuit over a small debt, you might end up owing more in attorneys' fees than you would if you chose not to defend the suit.

Why do people change addresses?

Connolly said it’s been his experience that people — particularly those with outstanding debt — change addresses frequently so you can’t go by what’s in a lawsuit.

How long does it take for a debt to be unpaid?

Your credit file will still show the debt as unpaid until seven years have passed, which can affect your interest rates. Also, you’re protected by the federal Fair Debt Collection Practices Act, which restricts when and how debt collectors can contact you. They can’t call early in the morning or late at night.

What does a county record say?

The letter within states that “county records indicate you (or someone with your name) have been sued recently.”

Is Robert Nielsen being sued?

A quick check on my part determined that a Robert Nielsen is indeed being sued by the debt collector JHPDE Finance over a few thousand bucks in outstanding Citi credit card bills.

Do you have rights when collecting debt?

It’s also a reminder that consumers have rights when it comes to debt collection, and it’s important to know them before you agree to pay a law firm for assistance.

Is there anything wrong with trying to generate business leads based on public records?

And that’s my main beef. There’s nothing wrong with trying to generate business leads based on public records. But would it kill the companies that do it to perform just a little due diligence before bugging people?

Do you have to be served for litigation?

By law, you have to be officially served for litigation to proceed.