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Are you being sued for debt? Here's What to Expect

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Do you have to sue for debt? Here's What You Should Expect
Take action quickly if you've been in court for an unpaid debt. There are options.
By Sean Pyles Senior Writer | Personal finance and credit, and personal finance Sean Pyles leads podcasting at NerdWallet as the producer and host of NerdWallet's "Smart Money" podcast. On "Smart Money" Sean talks with Nerds across the NerdWallet Content team to answer the questions of listeners about their personal finances. With a particular focus on sensible and actionable money advice, Sean provides real-world guidance that will help consumers improve in their finances. Beyond answering listeners' money concerns on "Smart Money," Sean also interviews guests outside of NerdWallet and also creates special segments on topics like the racial wealth gap and how to begin investing, and the history of student loans.
Before Sean took over podcasting at NerdWallet the company, he also wrote about topics concerning consumer debt. His work has been published throughout the media including USA Today, The New York Times and elsewhere. When when he's not writing about personal finances, Sean can be found working in his garden, going on runs and taking his dog for long walks. He lives in Ocean Shores, Washington.





Feb 13, 2019


Edited by Kathy Hinson Lead Assigning Editor Personal finances, credit scoring financial management and debt Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years working at The Oregonian in Portland in roles including copy desk chief and team leader for design and editing. Her previous experience includes copy editing and news for a variety of Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in mass communications and journalism in the University of Iowa.







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A letter arrives from a law agency, threatening a lawsuit for payment to an older bill. It's a bit upsetting, but not unusual.
You could be hit with a lawsuit if you have old, unpaid medical, credit card or other consumer debt. If you don't respond promptly or show up for the hearing, the debtor will likely win- and may get an opportunity to get a portion of your wages or bank account.
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What happens when you get in court for debt?
The law suits are a typical and effective method of debt collection. In New Jersey, for example the debt collection lawsuits accounted 48 percent of the civil judgments in 2011, according to a . A firm that collects debts had filed 69,000 lawsuits in one year, the report discovered.
A debt collection lawsuit begins when the creditor files a complaint before a civil court of the state listing you as a defendant, along with a co-signer in the event that there is one. The complaint should explain what the reason the creditor has decided to sue you, and what they want. The majority of the time, it's the amount you owe , plus interest and maybe attorney fees along with court expenses.
The creditor, collection agency or the attorney for the entity will then inform you of the lawsuit via "serving" you by delivering a copy of the complaint and a court summons. The summons contains information about when and how you can submit a formal response to court, and the date of the court hearing.
They are betting that a majority of people will not attend their hearings, which leaves the judge to file an order of default. In the event of a default judgment, the creditor may be capable of:
.
Place a lien against your property.
Try to block part or all of the money in your account.

This is why you must take action to the complaints as well as summons. Here's how to respond.
Gather details
The person who is suing you is unlikely to be your original creditor. The debt could have been transferred, or perhaps multiple times. It may be something you know about, or it could be an old bill long forgotten -- now a -- that a debt collector has brought back.
Review your own records and any information you got in the mail, such as those that debt collectors are required to send. Determine:
Who is the creditor? whether the amount is accurate and whether you actually have to pay the amount. Errors creep in as debt is sold or returned to the market; names and amounts can be incorrect.
Whether the debt is past the . After that the debt is deemed "time-barred." That means you can't legally be accused of a lawsuit, but creditors may still try it, violating your . Your obligation to pay time-barred debt remains but the unpaid debt is likely to affect your credit score.

Don't delay. There is typically a time period of 20 to 30 days after you are served with the notice to respond.
Respond to the lawsuit
"The most damaging thing anyone could do is to ignore the suit," says Ira Rheingold who is the executive director of the National Association of Consumer Advocates. It puts your salary or bank account, as well as your home at risk. In addition, you could lose the ability to dispute that you are owed the debt.
Writing your defense and organizing the response could be difficult and you might want to seek the advice of an attorney. Most attorneys offer an initial consultation for free If you win your case, the debt collector is likely to be required to pay your legal fees. Many offices offer free or low-cost services. Members of the military can seek assistance by contacting their local judge advocate general office.
An attorney may:
Find defenses that you didn't know about.
Help in writing your formal response.
In court, if necessary.

An attorney's advice will help you draft an effective response, which could make the creditor more likely to seek a deal with you. If you go a step further and go to this hearing with an attorney Rheingold claims that the creditor "likely won't be able verify the debt and it might get dismissed."
It's likely that you'll have be charged a cost in order to respond. Contact the court clerk for details on fee waivers if you can't pay for the fee.
Options for handling the hearing
Being present for your hearing is crucial. This is when the judge will determine if you must pay and it's your chance to make your defense or negotiate a bargain with the creditor.
How you handle it depends on whether you owe the amount.
If you owe the amount
There are several options. Seek out the creditor before the hearing starts and determine what you can do to:
Establish a payment plan where you make regular, affordable installments on your bill until you're able to pay it off.
You can settle the debt for less than you originally were owed. If you are able to negotiate an agreement, you must to obtain a written agreement that says the creditor will consider the debt to be fully paid and declare it to credit bureaus as a payment.

A credit counseling service will help you sort through your finances in order to fund the cost of a settlement or payment plan. If you're still unable to pay the amount you owe, you may be able to consider an alternative solution, like a the chance to make a fresh start.
if you incurred the debt, but think you shouldn't be required to pay
There are several instances where you could have the right to refuse to pay a debt. You may be able to invoke these affirmative defenses if you are, for instance:
The item you purchased was not as expected or never arrived.
The debt agreement was invalid or unenforceable or you signed it on falsehoods.
The contract was cancelled within the lawful time frame.

There are a variety of the affirmative defenses that could be available. If you believe you be able to defend yourself get legal advice on how to proceed.
If you don't owe the debt
When you're sued for the payment of a debt that you do not owe or for a amount that you don't agree with Two words can offer you a strong defence: "Prove it." In the court hearing you could demand the creditor provide the original debt agreement and show why you owe the money specified. If it can't be proven, the judge can dismiss the case.
The proper documentation is crucial however, it is also important to seek the help of a qualified legal professional to assist you in this process.
A lawsuit for a debt that you aren't sure about could be caused by identity theft, therefore you may want to for activity you don't recognize.
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About the author: Sean Pyles is the director of production and host for NerdWallet's Smart Money podcast. His writing has appeared on The New York Times, USA Today and elsewhere.







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