Article

What do I do if my creditor or collector sues me?

Topic: Debt and Debt ConsolidationPublished February 14, 2021

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If you are being sued by a debt collector, you must respond. You can respond in person or through an atto ey, but you must respond by the date specified in the court documents. When you respond to the lawsuit, the debt collector will have to present evidence to show the court that you owe the debt. Tip: If you are sued, read the documents of the same carefully, and respond by the deadline. If you don't respond, the court will likely enter a judgment against you based on what the lawsuit requests. Warning: While you must be properly sued, you cannot stop the lawsuit if you refuse to accept the letter or if you refuse to sign the receipt showing that you received the letter. By doing these things you are actually ignoring the demand. If you ignore a court proceeding, a judgment will likely be entered against you for the amount that the creditor or debt collector says you owe. Often times, the court also awards additional costs against you to cover charges or atto ey's fees. Judgments give collectors much stronger tools to collect the debt from you. Depending on the laws in your state, a creditor may: Garnish your wages Place a lien on your property Freeze all or part of the money in your bank account Warning: You may also lose the ability to contest that you owe the debt if a court enters a judgment against you. A judgment is a court order. Only the court can change it. It is very difficult to get a judgment change or set aside once the case is over. You have a better chance of fighting a collection in court if you defend the case than if you wait until a judgment is entered against you. It may also be possible to reach an agreement or solution by negotiating with the debt collector before the court makes a judgment. Tip: Consult an atto ey in your state to learn more about your rights if you are sued for the debt. Some layers may also provide free services or charge a fee reduced. You may want to find an atto ey who has experience with the Fair Debt Collection Practices Act (FDCPA) and debt collection issues. There may also be legal aid offices or legal clinics in your area that offer their services for free if you meet their criteria.

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