Have you been sued over your debt? The Debt Settlement Lawyer can provide a solid debt lawsuit defense in San Diego as well as throughout the State of California. We defend consumers served with lawsuits involving credit card debt, student loan debt, second mortgage debt, payday loan debt, medical debt, small business debt, foreclosures and more.
When you cannot pay your credit card bills, student loan debt or other kinds of debt, your debt will grow with accruing interest, your credit will suffer and the debt collectors will start coming after you. They could contact your family, friends and employers to find you. The end result will likely be that your creditor will file a lawsuit against you in civil court for the total amount of debt that you owe and possibly attorney’s fees as well. If you ignore the lawsuit, then a default judgement can be entered against you. At this point , you could be facing a bank levy, wage garnishment, or your property could be seized.
Having a lawsuit filed against you can be terrifying. Oftentimes, consumers do not know they are about to get sued and the lawsuit is a huge surprise. Many people hate talking to lawyers because it means they’re about to have to spend a lot of money. However, deciding to hire an attorney could wind up saving you thousands of dollars. Your lender or debt collector has an attorney (or team of them) that is well versed in collection laws. You should consider hiring your own lawyer as well. An attorney with knowledge of defendant creditor lawsuits can file a proper answer to the lawsuit and determine the merits of the lender’s case. A debt relief lawyer may also be able to settle the debt lawsuit before it goes to trial resulting in a reduction in what you have to pay back to the lender. So in the end, your attorney will be saving you money.
WHAT TO DO IF YOU GET SUED FOR DEBT?
A creditor is essentially asking for a court order giving the creditor the legal right to collect on the total amount that you owe, including attorney’s fees, costs and interests. In some cases, the creditor will file a motion for a summary judgment. This means if the creditor convinces the court that there is no dispute that you owe the debt, then the creditor can win a judgment without going to trial.
If you fail to file an answer to the creditor’s complaint, then the court can grant a default judgment. This means you will have to pay the debt. If you can not pay the debt, then the creditor can collect the debt by garnishing your wages, filing a lien against your home, filing a lien against your investment property, or seizing the funds in your bank account with a bank levy.