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.
A lawyer to help you figure out if you have any defenses, prepare the answer and file it, and represent you in court. If you can’t afford to hire an attorney (or paying for a lawyer would cost more than the collector is seeking in the lawsuit), you can prepare an answer, file it, and represent yourself.
See our novel coronavirus section. You will not go to jail because you cannot pay your bills. If a creditor takes you to court the creditor must “ serve notice .” He must hire a sheriff or constable to deliver a summons and complaint to you. The complaint explains who is taking you to court and why.
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. Most debt collection cases don’t get to trial; they settle, or the collector gets a default or summary judgment.
You Will Probably Be Sued If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will then be able to get a default judgment against you.
3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex. ... Bank Account Information.Credit Card Number.Social Security Number.
Four Steps to Take if You Received a Debt Collection Letter From a LawyerCarefully Review the Letter to Determine the Claim. ... Consider Sending a Debt Validation Request. ... Gather and Organize All Relevant Financial Documents and Records. ... Be Proactive: Debt Does Not Go Away on its Own.
Several potential consequences of not paying a collection agency include further impacts to your credit score, continuing interest charges and even lawsuits. Even if you can't pay the debt in full, it's often best to work with the collection agency to establish a payment plan.
The kind of loan that you owe determines if you will go to jail for not paying it or not. If you refuse to pay your taxes or child support, for instance, you might be sent to jail. The reason is that the non-payment of your taxes or child support is a federal crime which can be classified as contempt of court.
How to Beat a Debt Collector in CourtRespond promptly to the lawsuit. ... Challenge the debt collector's right to sue. ... Bring up the burden of proof. ... Review the statute of limitations. ... File a countersuit. ... Decide if it's time to file bankruptcy. ... Use these 6 tips to draft an Answer and win. ... What is SoloSuit?More items...•
If the collection agency first contacts you by phone, insist that they contact you in writing. Do not give personal or financial information to the caller until you have confirmed it is a legitimate debt collector.
If you receive a notice from a debt collector, it's important to respond as soon as possible—even if you do not owe the debt—because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.
Your Legal Right to Dispute and Verify the Debt Either in its first contact with you or within five days of that contact, the debt collector is required to give you a notice that includes the following information: the amount of the debt. the name of the creditor (or debt collector) to whom the debt is currently owed.
So here's what you can expect if you don't pay your debts:Your debt will go to a collection agency.Debt collectors will contact you.Your credit history and score will be affected.Your debt will probably haunt you for years.You'll pay off the debt or not, but life will go on.
Ask for a raise at work or move to a higher-paying job, if you can. Get a side-hustle. Start to sell valuable things, like furniture or expensive jewelry, to cover the outstanding debt. Ask for assistance: Contact your lenders and creditors and ask about lowering your monthly payment, interest rate or both.
Unpaid credit card debt will drop off an individual's credit report after 7 years, meaning late payments associated with the unpaid debt will no longer affect the person's credit score.