Being sued by a debt collector can be scary, particularly if you are unfamiliar with the legal process. However, if you know what to expect and how to respond to the lawsuit, your odds of success improve greatly. The best way to prepare yourself for your debt collection lawsuit is to hire a California debt collection defense lawsuit attorney. With the guidance of an experienced attorney, you can rest assured that you’ll be ready to face your debt collection lawsuit. Below is an overview of what to expect when you’re sued by a debt collector.
The first thing to keep in mind when you’re served with a debt collection lawsuit is this: debt collectors expect people to fail to respond to debt collection lawsuits. In fact, many people who are sued by a debt collector choose to ignore the lawsuit completely. When this happens, the judge in a debt collection lawsuit case files a default judgment against the debtor. In other words, this is an automatic victory for the debt collector. If you fail to respond to your debt collection lawsuit, the debt collector may be able to:
- Place a lien against your property,
- Garnish your wages, and
- Freeze money in your bank account.
Therefore, when you receive a debt collection lawsuit, you must respond to it by the stated deadline, otherwise you risk a default judgment.
Responding to the Lawsuit
In order to effectively respond to your debt collection lawsuit, you must review your records and any information you’ve received in the mail, including letters from debt collectors. When reviewing this information, you must determine:
- The identity of the creditor,
- Whether the debt amount is accurate,
- Whether you owe the debt, and
- Whether the debtor has filed the lawsuit within the time period prescribed by the statute of limitations.
After you’ve reviewed this information, you must organize your defense and write your response in a manner that is compliant with the law. Attempting to do this alone can be challenging. Therefore, it is recommended that you hire a California debt collection lawsuit defense attorney to handle your case. A debt collection lawsuit defense attorney can:
- Assert defenses,
- Prepare your response in a legally sufficient manner, and
- Represent you in court.
Therefore, if you’ve been sued by a debt collector in California, you need an experienced California debt collection defense lawsuit attorney on your side. At the Fullman Firm, we have over 40 years of combined experience defending our clients against debt collection lawsuits, and we take pride in helping people like you fight back against debt collection agencies. When you become our client, we will explore all available options and work with you to develop the most effective strategy possible in your California debt collection lawsuit. Please contact us today to schedule an initial consultation with one of our talented California debt collection lawsuit defense attorneys.