Being sued by a debt collector can be a stressful experience for those who’ve never been served anything but parking tickets. This can be a potentially intimidating situation, and it is important to keep it straight and know your rights and your options if you ever find yourself in these shoes. As the leading bankruptcy attorney in San Diego, BK Lawyers group often receives calls from trembling clients, asking what to do. By consulting a legal expert you will get a better understanding of how to deal with this situation and avoid making mistakes that could cost a lot in the future.
How It Begins: Always Check the Return Date and Optional Blank Forms
The lawsuit process begins after you’ve received the summons and complaint form. The summons is comprised of the administrative information like when the case was filed, as well as basic instructions on how to proceed. The return date on this form is the date your creditor’s legal action would be won should you fail to take any action, so you need to check that first. The complaint form states the arguments against your case and the reason for the lawsuit, as well as the amount and the name of the original creditor if the complaint was delivered by a debt collector.
You may receive a few additional blank forms along with these two essential ones. One of these might contain questions about your employment as well as your bank. These make it easier for the collector to recover the debt in case they win the lawsuit. This is why it is advised to avoid filling these forms if you can. The key part is to know which question forms you can ignore and which you cannot, because not filling the interrogatories could result in a warrant for your arrest. Look at the top of the form, where it should state whether the form is optional or not. When filling these we recommend you seek legal advice from a respected San Diego bankruptcy attorney.
Answering the Lawsuit: How to Sway the Creditor into Abandoning Your Case
When sending the lawsuit back to court, you can attach an answer in which you can list the reasons why you think you are inclined to win the lawsuit. If you choose to take this step, it would be wise to consult a trusted bankruptcy lawyer because they are experienced in framing these documents so that your words would not be misinterpreted or used against you by the other party. Hiring a professional increases the chance that the creditor will abandon your case and focus on an easier target. If, however, you choose to draft this document on your own, try to postpone filing the answer until the due date in order to familiarize yourself with the matter and look into other options, like debt settlement, chapter 7 or chapter 13 bankruptcy.
What the Creditor Can Do and How You Can Avoid Losing Your Bank Funds
If you lose the trial or don’t take any action, your creditor has a number of options depending on the state you currently reside in. Most commonly, creditors resort to wage garnish, meaning that approximately 25% of your salary will be deduced every month until you’ve either repaid the debt, filed for bankruptcy or made a different arrangement with the creditor. They also have an option of seizing your bank funds, depending on individual state laws. Unlike the previous option however, you can reduce the amount by limiting the funds you have on deposit.
Seek Help from a Trusted Bankruptcy Attorney in San Diego!
The best course of action if you are being sued by a creditor is to contact a professional bankruptcy attorney in San Diego as soon as possible. An experienced company like BK Lawyers Group will guide you through every step of the process and work out a deal that will work in your favor. Contact us for a free consultation through our website contact form or at (619) 312-4900 or (800) 718-8118 (Toll Free).