Before a person or a company to whom you owe money can win a judgment against you, they must first file a lawsuit in court. If you ignore the lawsuit, the court will enter an automatic judgment against you, known as a default judgment. 1 Of course, even if you file an answer to the lawsuit, you can still lose the case.
 · The first thing you should probably do is send a letter to your creditor stating that your situation changed and you just don’t have the money right now to make your payments. A couple of good things can happen from this action. It is possible that the creditor will ask if you can make lower payments or partial payments.
 · People ask me why I don't sue them for it, and I explain it would cost me three times that much to collect, even if I could. ... and one day you get a …
If you are served with a summons and complaint and fail to answer it, the plaintiff (the person suing you) can take a default judgment against you which s/he can then use to initiate enforced collection activity against you. Bottom line, even if the plaintiff has a meritless case against you, s/he wins and collects. 168 views Adam White , Lawyer
 · Kat Garcia, 32, who lives in Los Angeles and works in public relations at the National Notary Association, was sued by her ex-fiance in 2010. She says he slapped her with a civil lawsuit for ...
If you do not file a response, the party suing you (the plaintiff) can get a judgment against you for the full amount requested in the lawsuit and you will not be able to tell the court why you do not owe it.
Ten common sense ways to avoid being suedMaintain good communications. ... Avoid giving false expectations. ... Make the client make the hard decisions. ... Document your advice and the client's decisions. ... Don't initiate hostilities against the client. ... Avoid, or handle with care, the borderline personality client.More items...
Answer. You must be served with a Summons and a copy of whatever Complaint or Petition that was filed against you. Until then, you don't have to go to court, and no judgment can be entered against you. But, caution: You can be served without knowing about it.
Ignoring the Civil Claim will not make it go away and it is likely that the Plaintiff will apply for Judgment against you. If successful, the Court will issue a Certificate of Default Judgment which the Plaintiff may file in Court of Queen's Bench which allows them to take collection proceedings against you.
You can sue someone even if they have no money. The lawsuit does not rely on whether you can pay but on whether you owe a certain debt amount to that plaintiff. Even with no money, the court can decide that the creditor has won the lawsuit, and the opposite party still owes that sum of money.
Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!
If you neither go to attend the court nor your advocate attend then court will give next hearing date and if it happens two ,three times , court will give ex parte judgement against you, opposite party will win the case without any effort and you have to give what ever opposite party demands in the court.
When you're summoned to come to court, that is basically your notice that a criminal case has been filed against you. And, you're usually served with a summons by a Constable or you may receive the summons in the mail, certified mail.
If it does go to court that will protect you more than anything other than a rock hard, iron-clad contract. Having both a contract and documented proof of attempting to resolve the issue will help ensure that you aren't sued because the threatening party's attorney is going to read and review the case first, and then advise their client whether they can win, what they can win, and if it's worth the battle. The better your case outside of court, the less likely it is to go to court. So, how to respond to a client threatening to sue you. I am not an attorney and this is not legal advice, it's just wise advice from my experience.
Threatening someone with a lawsuit is the verbal equivalent of picking up a baseball bat and waving it at you. It's intended to intimidate and scare you. Stand your ground.
If the courts have to decide for you, I can almost always guarantee you that no one will win. The best thing both parties can do is set aside the egos and anger, respond calmly, reasonably and then work together to seek a genuine solution.... and document and tape record every single keystroke or word as you do.
Having both a contract and documented proof of attempting to resolve the issue will help ensure that you aren't sued because the threatening party's attorney is going to read and review the case first, and then advise their client whether they can win, what they can win, and if it's worth the battle.
If it's not written down (or tape recorded) it doesn't exist. Emails count as proof of legal contract, unless you have a clause in your email signature that they don't. After explaining to a client the facts of a case they screamed at me, literally, that I was a moron and they didn't want that in their book.
That means they ask the judge to rule in their favor because you were a no-show. If you were served with papers for a lawsuit and don’t have the money to pay an attorney, look into free or low-cost resources such as legal aid, pro bono services, or other forms of assistance. Good luck
You may ignore, you will lose the right to be party to the decision made by the court. this called an ex parte decision. Usually it will go in favor of the party that represents itself when the other party is not present, it will be interpreted as “no contest”.
If you are served with a summons and complaint and fail to answer it, the plaintiff (the person suing you) can take a default judgment against you which s/he can then use to initiate enforced collection activity against you.
Historically, personal jurisdiction over common law civil litigants was acquired by execution of a writ of capias ad respondendum . The execution of such a writ was impossible to ignore, since you would physically be taken into custody by a sheriff and forced to post bond before you would be released. In the modern era, service of notice of process (in lieu of executing a capias writ) is how most American courts lay claim to personal jurisdiction over civil litigants, but when someone was never served with notice of process, or was improperly served, the best legal advice could be "ignore the lawsuit," as judgments obtained without proper jurisdiction over the parties are void. There are other situations where ignoring a lawsuit might make sense, but such exceptions are far from obvious; as a general rule, most lawyers will be unaware of such exceptions and will not offer up such advice.
If you’re totally broke any judgement against you will be uncollectable, It’s called being judgement proof. Problem is you never know as a certainty you will remain poor.
No. It usually will cause a default judgment. However if you ignore it in the county or federal, it's both a default judgment and contempt of court charge.
On a related note, competent criminal lawyers in Los Angeles County are currently advising people to ignore red light camera citations that they receive in the mail. (See LA Weekly - Everything You Need to Know About Ignoring Red-Light Camera Tickets ) As bizarre and counterintuitive as this may seem, you will not be prosecuted for such infractions unless you contact the court to inquire about how to proceed. If and when you are required to appear on another matter in a court where a red light camera citation is pending against you in Los Angeles County, you can usually safely plead ignorance to any and all red light camera citations and have the red light camera case dismissed. Just say, "It was my understanding that Los Angeles County no longer issues red light camera tickets. As such, if one did come in the mail, I would have thrown it away, presuming it was a scam." Of course, you shouldn’t actually lie to the court about receiving a citation. Rather, you should adopt a policy of “actively ignoring” all red light citations in Los Angeles County as void, just as you should adopt a policy of destroying any and all emails from Nigerian royalty offering you millions of dollars for helping them launder their money.
Small claims court, as you probably know, deals with relatively small sums of money. Every state is different. You can sue someone in Ohio for no more than $3,000. In Arkansas, it's $5,000, and in Texas, $10,000. Tennessee's limit is the highest at $25,000, but you'll also probably get your case heard quickly – in weeks or months, not years.
If you hire an attorney, make sure you understand how the attorney will bill you and what the rates are, whether fixed or hourly, Auger says.
Know the law. If you are going solo in small claims court, as many people do, Auger suggests reading up about the laws surrounding your situation. After all, if someone is suing you for damages resulting from a fender bender, get familiar with the laws regarding accidents.
Schorr repeats that sentiment. "The slowness of the legal system encourages settlement because time will take the wind out of many plaintiffs’ claims ," he says.
Kat Garcia, 32, who lives in Los Angeles and works in public relations at the National Notary Association, was sued by her ex-fiance in 2010. She says he slapped her with a civil lawsuit for malicious prosecution, emotional distress and defamation.
And, of course, you can win but still lose. Garcia's ex-finance sued her for half a million dollars, and she spent about a year fighting his charges until the inevitable settlement two weeks before going to trial. As it turned out, she didn't end up owing her ex any money, but she spent almost six figures on her legal defense.
If it's a civil court case, you probably won't go to court. There will be no jury deciding your fate. That's the good news.
8. The emotional hook. Lawyers love clients who sue over "principle," because their cases usually go on longer than those brought solely for economic reasons. If you're a defendant, resist the urge to countersue unless you have a solid case. See a therapist instead—they're cheaper than lawyers, and you'll feel a whole lot better.
The Incredible Unpleasantness of Being a Litigant. There's nothing worse than that sinking feeling you get when you are handed a legal document that announces you're being sued. Say hello to lawyers, courtrooms, big bills, sour stomachs, and sleepless nights. Here are things you may not know about being on the receiving end of a lawsuit.
9. Forget Perry Mason. A jury doesn't always consist of 12 people. Instead, in many states or federal courts, your case may be decided by nine or even six people.
1. You're it. You don't have to "accept" the papers that begin the lawsuit. You just have to be "given" the papers … which can mean that the server announced what the papers were and then presented them to you … even if you throw them on the ground. (p.s. That may earn you a citation for littering!)
A judgment can turn an otherwise uncollectible old credit account into a collectible amount of money. For instance, a statute of limitations may prevent a creditor from collecting funds you owe them, after a set number of years.
Depending on your state, a judgment remains valid from 5 to 20 years or more. 5  6  That's a long time for a debt to follow you around. Furthermore, judgments show up on credit reports for up to seven years and may appear on background checks until the judgments expire, whichever is longer. 7 
Under state law, a judgment is a lien on the property, which opens up a host of possibilities for creditors. 1 
Seek an attorney with experience in defending debt collection cases and knowledge of the Fair Debt Collection Practices Act (FDCPA). If your debt is exceptionally high, it could help to confer with a bankruptcy attorney.
Now, if you do get served with notice that a lawsuit has been filed against you, then the threat has eventuated and it is time to take action.
If you do not feel safe and understood, find another attorney. Remember, lawyers are meant to be advocates––someone to take up your cause, speak for you, support you , and strive to protect your interests above anyone else’s. It is important that you find someone you can trust.
A lawsuit is a 21 st century American equivalent of a duel — fighting with papers instead of swords, risking money instead of blood. Keep in mind that people who routinely threaten baseless lawsuits are often just adult versions of playground bullies.
If the lawsuit being filed against you is truly baseless, you are generally unlikely to be tangled in years and years of litigation. Comfort yourself by remembering that the legal system is not unfamiliar with the idea of absurd lawsuits filed for harassment purposes. To wit, you are not alone. Be the better person.
Try to settle out of court — apologize for anything that you might have done wrong, compromise as much as you can without sacrificing your dignity, and try to empathize a little. Sometimes a little kindness goes a long way.
Keep this in mind, and do not let a threat worry you inordinately. Treat the threat the same way you would treat a child’s anger tantrum — stay calm, try to muster some sympathy for this obviously ill-adjusted person, let it blow over, and continue on with your life.
Find an attorney in your area. If you have any attorney friends, ask them to recommend a local attorney who can help you. If you do not know any attorneys, there are a lot of websites that will direct you to local attorneys, and even offer ratings from past customers. If you cannot afford an attorney, look for local law schools and inquire about free clinics.
If the other party was not served with the lawsuit, then they do not have to show-up. If they were served (usually by a local sheriff), then they do have an obligation to appear and if they don't, a default judgment should be entered.
You are going to need his address in order to sue in small claims court. The court clerk can serve the small claims plaintiff's claim form via certified mail, but the defendant must sign the return receipt in order for the service of process to be effective...
You must prove to the court that you properly "served" the defendant. If you properly serve him and then he doesn 't respond or show up in court you can make a motion for a default judgment. Then you will have to take steps to enforce the judgment. If you don't serve him properly and provide proof of same, you cannot move for a...
I agree with the previous answer, you generally need to serve the defendant by personal service (meaning someone other than you personally delivers it to him) or use the certified mail option discussed above provided he signs and returns the form. Either way, you need to find him and have a good address for service...
This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position.
This step also seems obvious but is often overlooked by people in their rush to the courthouse. If they know they are at fault and are able to make the situation right, most individuals or businesses will do what they can to resolve the matter, rather than be dragged to court.
Take a realistic look at the other party's point of view. Perhaps he or she has a valid argument on the subject matter, or even a potential claim against you. If so, adjust your own position accordingly.
Take a hard look at the financial condition of the party you are going to sue. You want to be reasonably certain that you will be able to collect a judgment before you spend a lot of money on a lawsuit.
Lawsuits can be expensive, and recovering your attorneys' fees is often not an option. Ask your lawyer for an estimate of legal fees, and do the math. It may be cheaper to settle. Get legal advice from an attorney you trust and consider the amount of money you could win compared to the amount you'd get in a settlement.
A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit.
Check with your lawyer to make sure that any time limits for filing a lawsuit have not run out. Laws that place a time limit on bringing a lawsuit are called " statutes of limitations ."