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Being Sued? Procrastination Could Lead to a Default Judgment

being sued
  • Apr 25 2018

You may have ended up in debt for numerous reasons. And while there is always the temptation to take a new credit card (or several of them) and max it out with trips to Vegas, the Caribbean, the mall, going out to eat, or buying a while new jazzy wardrobe, most of us end up under financial duress due to reasons out of our control—and often catastrophic ones. A debilitating illness may have struck you or a family member, you may have gotten recently divorced and had to deal with many different emotional and financial repercussions, or crushing student loans may have finally rendered you close to filing for bankruptcy.

Procrastination may have been to blame for some late pays, but it becomes extremely dangerous to your future if a creditor or debt collections agency has decided to sue you. Even if you know you owe the debt and have no money to pay it, staying involved and doing everything you can to fend off a default judgment is in your best interest. Such action begins as soon as the process server brings you a summons and complaint detailing the lawsuit and what the creditor states you owe. The amount of time you have for filing a response will be stated also, usually falling within the 20- to 30-day range.

Many consumers who are being sued by creditors—often credit card companies—do not file a response because they think there is no hope, are intimidated by ‘the system,’ or they just keep putting off the task until it is too late. Most large corporations are used to this behavior, along with being granted what are often called automatic judgments. Once you begin working with a skilled collections lawsuit attorney to file a response and defend the lawsuit, you may be astonished to see how quickly the company suing you changes their tune. Upon being asked to provide a history of the account, along with proving they have the standing to sue you at all, the creditor may begin offering discounted settlement plans—or back down altogether.

Without action on your part and the inevitable default or court judgment, the creditor goes from an unsecured state to that of secured. This means they have much greater power to act against you and make your life—and your finances—very difficult. Garnished wages are one of the most typical repercussions of a default judgment, along with frozen bank accounts, and property seized by law enforcement.

If you are finding it difficult to pay your bills and need an experienced collections lawsuit or judgment attorney, contact us at Fitzgerald & Campbell, APLC. We can review your current situation and discuss your options with you, whether that means defending your case in court, negotiating a settlement, or filing for bankruptcy. Our attorneys have decades of experience representing clients in all types of consumer rights matters, and we are here to help you! Call us today for a free consultation at (855) 709-5788 or email us at info@debtorprotectors.com.

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Posted in: Credit Card Lawsuits, Judgments