Sued by a Creditor or Debt Collector

A debt collection lawsuit can be quite intimidating for some, as this may be their first experience with the legal system. A person may receive a lawsuit for debt collection on an old or unpaid medical bill, credit card, or other consumer debt that they may have accrued. The creditor that is suing you, is more often than not, unlikely the original creditor. Debt is usually sold, several times over, and may now be handled by a debt collection agency. 

Generally, a response to a lawsuit is anywhere between 20 to 30 days; however, if you don’t respond or show up to at the scheduled hearing, a judge usually enters a judgment against the debtor. Once there is an order entered, it is difficult to get the judgment reversed. Therefore, lowering any possibility of disputing the debt in the future. Once the judgment is entered, the creditor may seek to have your wages garnished, seizing personal property, or freezing funds in your bank account.

If this is not the only debt accumulated by a debtor, it puts them at a higher risk of any future lawsuits by other creditors monies are owed to. At this time, you may want to consider filing for bankruptcy instead.

One of the main reasons debtors file for bankruptcy is to prevent any future debt collection actions and stopping any active lawsuits from debt collectors. Under the automatic stay obtained within the bankruptcy protection, any pending collection lawsuit will stop and creditors are no longer allowed to try to collect monies owed in any form throughout the duration of the bankruptcy process. 

If you are currently being sued by a credit card company or debt collector, seek help by talking to a debt relief or bankruptcy attorney as soon as possible, in order to avoid making any mistakes during the litigation process. Please feel free to contact the Law Office of Ray Garcia, P.A., at 305-227-4030 or via email at legal@raygarcialaw.com for a free consultation.