How To Answer a Summons – Don’t Call the Creditor!!

Had to share this brief but timely advice from Suzanne Robicsek from www.debtlawnetwork.com.  I keep hearing from consumers who find out they have a judgement against them BUT were under the impression that they had worked out some kind of settlement, payment, or payment plan with the creditor.

It’s instinctual, I’m sure.  The Sheriff or process server shows up on your doorstep and hands you a summons.  You panic and immediatley call the collection agency to “work something out”.  Bad idea. 

Once you’ve been sued, this is a LEGAL matter and your best interests will be represented in court.  It is too late for phone calls.  Don’t wait until the judgement has been issued…take action!

 

Read on to see what this North Carolina bankruptcy attorney had to say:

If You Are Sued, Don’t Just Call The Creditor – You Need To Take Action On The Suit.

By Susanne Robicsek, North Carolina Bankruptcy Attorney on Oct 16, 2008 in Debt Collection Laws, Family Debt Problems

This week I have talked to several people who have said that when they were sued they “called the creditor and worked it out so they didn’t have to attend the hearing” but it turned out that a judgment was entered against them anyway.  If you are sued by a creditor, you must understand that the neither the creditor nor the creditor’s attorney is on your side.    While it may be true that they will work with you on a payment plan, that doesn’t necessarily mean that they stop the lawsuit.   While they are “working it out”, they may also be asking the court to place a judgment lien on you, which can be a lien on any real estate you own such as your house., and it can also be the basis for seizure of other personal property or bank accounts to satisfy the debts.  In some states, the judgment can lead to garnishment of wages. 

Too many people think that calling and speaking to the creditor or their lawyer will solve the problem.  It doesn’t.  There is still a suit in the court system, and it has to be resolved.  If an answer isn’t filed, the court will only have the facts in the lawsuit to consider, and the court will assume that the creditor’s facts are true.  That is the basis for the creditor to get cause a default judgement to be entered.

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For more information on fighting a lawsuit Pro Se, please visit my website at http://www.howtoansweracreditcarddebtlawsuit.com or visit the links on the right-hand side of this page.