Get your debt lawsuit properly taken care of. You don't need an attorney to do it either. You can get your case dismissed on your very own once you've been equipped with the right information. I have faced court summons by both collection agencies and Capital One, and I was able to get victory over my lawsuits so I'm sure you can too. There are a few things you should remember going into this that I'd like to share with you. Now that I have been through it myself, I'd like the average middle class American to be confident in knowing that he or she can do just the same.
First, ANSWER your summons! Don't ignore it when you get it. Don't even call the collection agency to dispute it because that will be received as evidence of you admitting to being at fault. The very first step though is responding to the debt lawsuit. Simple enough right? Well, this seems to be the biggest challenge for many because they fear not even having a chance, but they aren't aware of their rights. Plus, most of these junk debt buyers and collections agencies are bluffing, but we'll get into that.
Second, take a look at the Summons and make sure you were served correctly. Know what your time limit is. What sort of time period are you looking at? How long do you have until your response is expected? When I received my summons I had an entire 20 days to figure this out. My Answer was due back to the court within those three weeks, and I had never been sent a collection notice in the mail so I wasn't expecting any of the lawsuits in which I was summoned for. Take it from me: scan over your summons and be well aware of the time frame.
As I mentioned before, the collection agencies are going to try and trick you. Half the time they do not even have all of the evidence and documents required to prevail in court so don't give them the benefit of the doubt by failing to respond to your summons or calling them to talk things out. If they see you fighting back they may not even be interested in spending the time trying to fight you, especially if they know they don't have the supporting documents for this case.
However, if you are being sued by the original creditor then that certainly makes a difference because they are a lot more likely to have the documents to file and present a case in court. It's possible that they could still slip up if they make a mistake or break some court rule, but you need to make sure and have your stuff together. One important question you need to consider asking yourself early on is: "How old is the debt?" The older your debt is, the harder it is to prove. Your debt could very well be beyond your Statute of Limitations. These are just a few helpful pointers when trying to overcome your debt lawsuit, but The Defendant Package is so helpful for the entire process. With that and the understanding of your rights, you can win like I did.
First, ANSWER your summons! Don't ignore it when you get it. Don't even call the collection agency to dispute it because that will be received as evidence of you admitting to being at fault. The very first step though is responding to the debt lawsuit. Simple enough right? Well, this seems to be the biggest challenge for many because they fear not even having a chance, but they aren't aware of their rights. Plus, most of these junk debt buyers and collections agencies are bluffing, but we'll get into that.
Second, take a look at the Summons and make sure you were served correctly. Know what your time limit is. What sort of time period are you looking at? How long do you have until your response is expected? When I received my summons I had an entire 20 days to figure this out. My Answer was due back to the court within those three weeks, and I had never been sent a collection notice in the mail so I wasn't expecting any of the lawsuits in which I was summoned for. Take it from me: scan over your summons and be well aware of the time frame.
As I mentioned before, the collection agencies are going to try and trick you. Half the time they do not even have all of the evidence and documents required to prevail in court so don't give them the benefit of the doubt by failing to respond to your summons or calling them to talk things out. If they see you fighting back they may not even be interested in spending the time trying to fight you, especially if they know they don't have the supporting documents for this case.
However, if you are being sued by the original creditor then that certainly makes a difference because they are a lot more likely to have the documents to file and present a case in court. It's possible that they could still slip up if they make a mistake or break some court rule, but you need to make sure and have your stuff together. One important question you need to consider asking yourself early on is: "How old is the debt?" The older your debt is, the harder it is to prove. Your debt could very well be beyond your Statute of Limitations. These are just a few helpful pointers when trying to overcome your debt lawsuit, but The Defendant Package is so helpful for the entire process. With that and the understanding of your rights, you can win like I did.
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Want to find out more about how to fight a debt lawsuit, then visit my site on how to answer a summons for credit card debt .
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