I’ve Been Sued by a Debt Collector What Should I Do
Most people who are served lawsuits in the mail usually don’t know what to do. For most individuals the only time they have seen a lawsuit is due to a parking ticket. This article will explain the lawsuit process and expectations as to what lies ahead.
Summons and Complaint
All lawsuits begin when a summons and complaint are served. The summons contains basic information about your rights and the procedures. It also tells you information and the court the lawsuit was filed in and what instructions you need to follow. The summons will give you a return date that must not be ignored. Many individuals ignore this date and are left with creditors getting judgments against them. The complaint sets out why the lawsuit was served. It will give all legal arguments against you.
In some cases, you may also get papers from the court that ask you to fill out information about your work, salary, and bank account information. These questions allow creditors to collect against you and your assets. Some of these questions are called interrogatories. If you were served interrogatories by the court these must be filled out and sent back. It is important that you read the documents very diligently. If you fail to answer interrogatories you can be held in contempt of court. It is very important not to ignore this information.
Filing An Answer
There may be an answer form that you can complete and return. The answer should set out reasons as to why you shouldn’t be held liable for this debt. If you think you want to file an answer a good bankruptcy lawyer may be someone to contact. A bankruptcy lawyer can help you fill out the form and go over what defenses may pertain to your case. A good bankruptcy lawyer will be able to draft this so that the wording will be in your best interest.
If you have other debts, then you may want to speak with a bankruptcy lawyer immediately. If you qualify for bankruptcy, you may not have to answer the lawsuit and you may just be able to file your bankruptcy instead or look into other options. A chapter 7 bankruptcy, can eliminate your debt immediately. In a Chapter 7 bankruptcy, your debt is discharged and you no longer have to pay your credit cards back.
What Can a Debt Collector Can Do?
If you do not do anything with the lawsuit, your creditor will be able to get a judgment against you. A judgment can be recorded as a lien on all personal and real property. This means that creditors can put liens on your houses and cars for the debt that is owed. Moreover, creditors can also garnish your wages. Depending on the state you live in this could cause a very big financial impact on someone who is already struggling. Keep in mind, that garnishments are levies on your wages that are directly taken out of your paycheck every week.
If you have been served with a summons and complaint it is important to speak with a bankruptcy lawyer immediately who may be able to help you. Don’t wait, as you may end up in a worse situation. Karra L. Kingston Esq. is a Staten Island bankruptcy Lawyer and New Jersey Bankruptcy Lawyer. Her website is https://bankruptcylawnynj.com you can call (973)-979-9078 for a free consultation or email [email protected]
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