If you’ve been sued by Midland Funding, it’s imperative that you respond appropriately. This is because any mistakes you make following receipt of the lawsuit can negatively affect the outcome of your case. However, by familiarizing yourself with the pitfalls associated with Midland Funding lawsuits, you put yourself in a position to achieve a successful outcome. In this article, we examine the top mistakes in a Midland Funding lawsuit.
Failing to Respond
Following receipt of a stack of legal papers, many people panic and fail to read the documents. In doing so, however, people often miss the lawsuit response deadline. For most debt collection lawsuits, the deadline to file a response with the court is 30 days from receipt of service. And when a defendant in a debt collection case fails to respond by the deadline, the court enters a default judgment against that party, which means that he or she automatically loses the case and must pay the amount allegedly owed to the debt collector.
Saying Too Much
Although it’s necessary to respond to a debt collection lawsuit by the deadline, it’s important to respond the correct way. This means that you must be very careful when wording your response. By sharing too much information in your response, you run the risk of inadvertently hurting your case. It is for this reason that you should seek the assistance of an experienced debt collection lawsuit defense attorney when responding to a debt collection lawsuit.
Failing to Respond to Discovery Requests
During a debt collection lawsuit, both parties have the opportunity to request information from one another. This process is called discovery. Like the initial complaint, you must respond to all discovery requests in a timely manner. Otherwise, you may face consequences that can hurt your case. The worst consequence for failing to respond involves requests for admissions. If you ignore the other party’s requests for admissions, the court may deem admitted anything in the request to which you failed to respond.
Making Debt Payments After Being Sued
After you’ve been served with a debt collection lawsuit, you should cease all payments to the debt collector. Some people mistakenly believe that making payments following receipt of a debt collection lawsuit will make the case go away. This isn’t true, however, and doing so can harm your case. The only exception to this is if you—with the help of your attorney—negotiate a settlement with the debt collector that involves payments.
Failing to Hire a Debt Collection Lawsuit Attorney
Finally, the biggest mistake you can make in a Midland Funding lawsuit is failing to hire an experienced debt collection lawsuit attorney. At Fullman Firm, our California debt collection lawsuit defense attorneys will use our experience and knowledge to defend your Midland Funding lawsuit. We are known throughout the state of California for our negotiation and litigation skills, so we can provide you with a strong defense regardless of the direction your case takes. Please contact us to schedule a free and confidential consultation.