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Getting Out of a Default Judgment is Not Easy—Respond to the Collections Lawsuit!

collections
  • Oct 28 2019

Most of us have experienced the ups and downs of dealing with money. And just as in all the normal paces of life, we sometimes pass through different phases including triumphs and victories, as well as challenges and sometimes what may even feel like a failure. If that’s where you are right now with your finances, bordering on defeat, you may have given up paying the bills altogether. And while that does take a load off, it can be a very scary feeling to know that probably more than one creditor out there is extremely dissatisfied with your behavior.

Life is also about priorities though, and if you are in a bad spot, paying the credit card bill may be the last thing you are able to do right now. Creditors and debt collectors may not like that answer, but when there is a lack of income—you must face the truth. Eventually, those you owe money to will also, but the problem is that their reaction may be to file a collections lawsuit against you. If you have run into this type of scenario, most likely answering the door to a process server or sheriff serving you with a summons and complaint, consult with an experienced collections lawsuit attorney from Fitzgerald & Campbell, APLC as soon as possible.

No one likes having to deal with the depressing nature of debt, and most likely is why most defendants simply either toss the whole problem under the carpet and forget about the bills and lawsuits. In your case, you may have procrastinated so long that your time to reply (usually 20 to 30 days) has run out. Upon receiving a collections lawsuit—or even just worrying that one is on the way—seek legal advice right away.

Without a reply, you are at the mercy of the creditor, and the court. No answer, and no presence at the court date sends a direct message saying that you do not tend to be involved. This usually results in an automatic default judgment. And while you can work with a default judgment attorney to see the action dismissed, it is usually not that easy to file a motion to vacate and win the right to fight the original case. The best decision is to act before the situation gets that far, as requesting a judgment to be set aside can be challenging. If you and your attorney are working on doing so, most likely you will need a solid excuse for not replying. In many cases a defendant may have been sick or out of town for work or have another plausible reason that allows the judgment to be dismissed.

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! Click here to schedule a free 30-minute consultation, or call us at (855) 709-5788, or email us at info@debtorprotectors.com.

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Posted in: Collections lawsuit, Judgments