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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 to Expect

Make sure you act quickly if you’re being accused of debt. You have choices.

by Sean Pyles Senior Writer | Personal financial and debt Sean Pyles leads podcasting at NerdWallet as the producer and host of the NerdWallet’s «Smart Money» podcast. In «Smart Money» Sean talks with Nerds across NerdWallet’s NerdWallet Content team to answer listeners’ questions about personal finance. With a particular focus on sensible and practical money tips, Sean provides real-world guidance to help people improve their financial lives. In addition to answering listeners’ financial questions on «Smart Money» Sean also interviews guests who are not part of NerdWallet and produces special segments on topics like the racial inequality gap and how to begin investing and the background of student loans.

Before Sean took over podcasting at NerdWallet He also covered issues related to consumer debt. His work has been published in USA Today, The New York Times as well as other publications. When Sean isn’t writing about personal finance, Sean can be found digging around his garden, going for walks, or walking his dog for long walks. He lives at Ocean Shores, Washington.

Feb 13, 2019

Editor: Kathy Hinson Lead Assigning Editor Personal finances, credit scoring financial management and debt Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years working at The Oregonian in Portland in capacities such as chief of the copy desk and team editor and designer. Prior experience includes copy and news editing for a variety of Southern California newspapers, including the Los Angeles Times. She earned a bachelor’s degree in journalism and mass communications at The University of Iowa.

A majority of the products featured here are from our partners who compensate us. This influences which products we review as well as the place and way the product is featured on the page. However, this does not influence our evaluations. Our opinions are our own. Here’s a list of and .

A letter is sent from a law office informing you of a legal action to recover payment on an old bill. This is a little upsetting, but it’s not rare.

You could be hit with a lawsuit if there is an unpaid medical bill, credit card or other consumer debt. If you don’t pay on time or appear at the court hearing, the creditor is likely to win — and may get rights to take a portion of yourwages or the bank account.

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What happens when you get sued for debt

Lawsuits are a common and efficient debt collection tactic. The state of New Jersey, for example that debt collection lawsuits were responsible for 48% of the civil judgments in 2011, as per a . A debt collection firm filed 69,000 lawsuits in one year, it discovered.

A debt collection lawsuit begins when the creditor files a lawsuit with a state civil court listing you as a defendant, along with your co-signer , if they have. The complaint will say why the creditor is suing you and what it wants. Typically, that’s the money you owe , plus interest or attorney fees, along with court expenses.

The collection agency, creditor or the attorney for the entity will then inform you of the suit through «serving» you in the form of sending a copy of the complaint as well as a court summons. The summons will include information on the time and method to respond in a formal manner to the court, along with the date of your court hearing.

The debt collectors are betting that the majority of people won’t show up for their hearing, allowing the judge with the task of filing a default judgment. With a default judgment the debtor could be capable of:

.

Place a lien against your property.

Attempt to freeze part or all of the money in your bank account.

This is why you must answer the summons and summons. Here’s how to respond.

Gather the information you need.

The person that is suing you will not be your original creditor. The debt could have been sold, perhaps several times. It may be something you recognize, or it may be an old bill long neglected — and now a creditor or debt collector has brought back.

Check your own records and any information you got in the mail, including those that debt collectors must send. Determine:

Who is the creditor, whether the debt is correct and whether you actually owe the debt. The errors can be discovered as debt is sold or sold again; names and numbers could be wrong.

The debt must be paid off by the . After that the debt is deemed «time-barred.» This means you can’t legally be sued — but collectors may still try it, against your . Your obligation to pay time-barred debt remains, however, and the unpaid debt will continue to affect your credit score.

Don’t delay. There is typically a time period of 20 to 30 days from the time you receive the notification to file a response.

React to the suit

«The worst thing anyone can do is not pay attention to the suit,» says Ira Rheingold, Executive Director of the National Association of Consumer Advocates. This puts your earnings and bank accounts, as well as your property at risk. Additionally, you may lose the ability to dispute that you have a debt.

Organizing your defense and writing the response can be complicated, so you may want to consult an attorney. Most attorneys offer free consultations If you win your case the debt collector is likely to be required to pay the legal costs. Many offices offer affordable or free services. Service members of the military can receive assistance from the local judge advocate general office.

An attorney can:

Find defenses that you weren’t aware of.

Help in writing the formal reply.

You can be represented in court, if necessary.

An attorney’s advice will help you draft an elaborative response which could make the creditor more likely to seek an agreement with you. If you go more and appear at your hearing in the presence of an attorney Rheingold states that the debt collector «likely will not be able to prove the debt and might get dismissed.»

You probably will have to pay a fee to file your response. Request the clerk at the courthouse for information about fee waivers if you can’t pay for the fee.

Solutions for managing hearing impairment

Being present for your hearing is crucial. The judge will decide if you must pay and it’s your chance to make your defense or work out a deal with the creditor.

The method you take to handle it is contingent on whether or not you owe the debt.

If you have to pay the debt

You have a few options. Find out the creditor before the hearing begins to determine what you can do to:

Set up an installment plan that allows you to make regular, affordable payment on the bill up to you pay it off.

Pay off the debt at a lower amount than you originally were owed. If you can strike an agreement, make sure to sign a contract in which the creditor agrees to consider the debt to be fully settled and will report it to the credit bureaus as having been paid.

from a nonprofit 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 that you owe, you might consider pursuing a different option plan, such as an opportunity to start over.

if you were the one to cause the debt however, you believe you shouldn’t be required to pay

There are a variety of situations in which you might have standing to refuse to pay an obligation. It is possible to invoke these affirmative defenses if, for example:

The item you purchased was not as expected or never arrived.

The debt contract was not enforceable or unenforceable, in the event that you signed it on lies.

You can cancel the contract within the legally-required time frame.

These are just a few of the affirmative defenses that could be available. If you think you might 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 sum you disagree with two words can provide you a solid argument: «Prove it.» At the hearing you may ask the creditor to provide the original debt contract and show why you owe the amount specified. If that’s not possible, the judge may reject the claim.

The proper documentation is crucial, but also get the assistance of a qualified legal professional to help you navigate this procedure.

A lawsuit for a loan that you aren’t sure about could be the result of identity theft, therefore you could be able to file a lawsuit for something you aren’t familiar with.

>> MORE:

Author bios: Sean Pyles is the director of production and host of the NerdWallet’s Smart Money podcast. His work has appeared in The New York Times, USA Today and elsewhere.

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