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Served With a Creditor Lawsuit: What Now?


You may, like many others going through financial issues, recently have had a knock-knock at the door with a process server delivering the rather unpleasant news that you are being sued by a debt collector. While it may not have been an enormous surprise, this takes debt collection to a new level no matter what, escalating beyond the already constant calls and letters that you’ve probably been receiving. If you haven’t already taken measures to protect yourself, you may be starting to get nervous about a number of different issues, from your reputation to your checking accounts, assets, and stability in the future with a potential judgment looming.

Dealing with the Reality of the Situation

As it appears that a court date is really on the docket, you may be looking around wondering what the creditor suing you might actually now be able to take—along with wondering what to do with those documents that were just handed to you bearing the dreaded words: “You are being sued.” For a moment, it may seem like the world is ending, but you are certainly not alone in this predicament, and collection lawsuits are extremely common.

Taking Action

Rather than assuming there is nothing you can do, it’s best to take the opposite attitude and assume there is everything you can do! No matter what your financial situation is in terms of a repayment plan for the future, it’s important to respond, not only to avoid a default judgment, but also to begin putting yourself in a stronger position for negotiating. It’s also important to make the effort to place some of the responsibility on the creditor to prove that the amount they say you owe is correct (erroneous figures are not uncommon, especially after debts have been bought and sold more than once).

Consulting with an experienced attorney like those at Fitzgerald & Campbell, APLC is highly recommended as you can work together on filing a response and then begin to do the one thing that is most discouraging to creditors: show that you are actually going to put up a fight. You may want to sue the creditor back, file for bankruptcy, or take some time once you reply to figure out the best game plan for your financial situation as you consider the details of the lawsuit. While dealing the harassment of creditors and being able to hang up on them is one thing, with a lawsuit in hand, you need to take time out to make a plan.

Contact Us Now

When you consult with an attorney from Fitzgerald & Campbell, APLC, they will review the issues specific to your lawsuit and case, and discuss the various options and solutions available. Our attorneys have decades of experience representing clients in all types of consumer rights matters, and we are here to help you!

Call us today for a free consultation at (844) 431-3851, or email us at  – See more here.

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