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Default Judgment: Should I Just Accept It?

default judgment
  • Feb 7 2019

Debt has a way of descending like an avalanche, and you may feel snowed under permanently in the face of a default judgment. Credit card debt is often the first sign of trouble, but it may also accompany potential foreclosure of your home or repossession of your car. Most of these issues are usually due to an underlying personal circumstance, such as a serious illness, injuries from a debilitating traffic accident, sickness in the family, divorce, unemployment, or significant loss of hours.

Creditors & Debt Collections Agencies May Sue Routinely

As late payments begin to pile up, you may begin ignoring the calls from debt collectors and pushing the mail aside; after all, what is the point if there is no income to satisfy all the debt? This may not be a permanent situation, but most creditors are only willing to wait a short amount of time before collections activity becomes aggressive. And once your account has been written off by the creditor (also known as “charged off”), they may sell it off to a debt collections agency. This may or may not happen, but in each case, the entity who owns the debt may take the opportunity to sue.

Seek Legal Help as Soon as You Are Served

If you do find yourself staring down at a summons and complaint delivered via a process server, do not delay in seeking legal help from a skilled attorney at Fitzgerald & Campbell, APLC. While it is obviously necessary to begin examining your options for improving your financial scenario, answering the lawsuit is also vital to your future! Without any response or presence in court by you or an attorney representing your best interests, you make yourself extremely vulnerable. A default judgment could be granted against you quickly, leaving you open to wage garnishment, property seizure, and bank levies.

While you might want to negotiate with the creditor to pay the amount owed at a discounted lump sum, consult with your attorney regarding fighting the lawsuit. This may be easier than you imagine; so many debt collection agencies are not in possession of all the full documentation your attorney may request, showing all accounting regarding the debt. There may also be other reasons to fight the lawsuit, such as the statute of limitations, accounts charged on fraudulently, and more.

Call Us for Help Now!

If you are concerned about impending creditor lawsuits or fighting a default judgment, consult with an experienced law firm like Fitzgerald & Campbell, APLC as soon as possible. A solution can be found to help you through any of these issues, even if a judgment has already been granted.

Our attorneys have decades of experience in serving clients as they navigate through challenging financial situations, to include collection lawsuits, default judgments, and more. Let us review your case and discuss what would work best for you. We are here to help! Call us today for a free consultation at (855) 709-5788 or email us at info@debtorprotectors.com.

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Posted in: Judgments