No one wants to be sued by a debt collector. After all, having to deal with the debt collector, courts, and attorneys can be stressful. However, if you’ve recently been served with a debt collection lawsuit, pretending that it never happened is the worst thing you can do. In this article, we explain why you should never ignore a debt collection lawsuit.
Consequences of Ignoring a Debt Collection Lawsuit
When you respond to a debt collection lawsuit, you ensure that the debt collector must prove that you owe the debt, that the amount in question is correct, and that the debt collector has the legal right to sue you to collect the debt. By ignoring a lawsuit, however, you forfeit these rights. Essentially, you remove your ability to respond to the debt collector’s allegations, meaning that the judge only hears one side of the story in court: the debt collector’s. Even worse, if the court rules against you (which is likely if you fail to respond to the lawsuit), you will likely be ordered to pay the debt, which means that the debt collector may be able to garnish your wages or bank account, put a lien on property, or take other actions to collect the money you allegedly owe. Further, the debt collector can ask the court for collection costs, interest, and attorney’s fees, all of which will be paid by you. Finally, a judgment against you will likely appear on your credit report and can make it more difficult for you to get credit in the future.
Steps to Take After You are Sued by a Debt Collector
If you are sued by a debt collector, rather than ignoring it, you should take the following steps:
Answer the lawsuit
First, after you are sued by a debt collector, you should file an answer by the deadline contained in the complaint. However, as noted below, you should do so with the assistance of an experienced attorney.
Spot any issues with the lawsuit
To succeed in a debt collection lawsuit, the debt collector must prove that you owe the debt, that the debt amount is accurate, and that collection is not barred by the statute of limitations. With the help of an attorney, you should review the lawsuit documentation and attempt to poke holes in the debt collector’s case.
Contact a debt collection lawsuit defense attorney
Finally, if you are the recipient of a debt collection lawsuit in California, you should contact an experienced California debt collection lawsuit defense attorney for help. At the Fullman Firm, our debt collection lawsuit defense attorneys are passionate about protecting the rights of our clients. When you come to us for help with your debt collection lawsuit, we will do everything we can to ensure that your situation has a successful outcome. Please contact us today to arrange a free consultation.
