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|How To Respond To A Lawsuit Filed Against You By A Creditor by abbasaliabbasi7: 1:47pm On Feb 14|
If you do not pay your debts, the creditor can file a lawsuit against you. The creditor will serve you with court documents which are, in this case, a summons and a lawsuit.
The summons will tell you what to do, how to file an appearance form, as well as when and where to do it. The lawsuit indicates the amount of money the creditor says you owe.
If you are served with court papers, you should contact an attorney to see if you have a defense. You have the right to appear in court, either on your own account or with an attorney, to explain your side of the story. If your only defense is that you don't have enough money to pay your bills, you won't be able to win your case. If you really owe money and you don't have a valid defense, there is little you or your lawyer can do.
Aspects to consider if the creditor has initiated legal action against you
If you have been notified that someone has initiated legal proceedings against you, you can choose from the following options how to answer a summons for debt collection
Option 1: Resolve the problem without going to court
There are other options besides going to court, which is less expensive and faster.
Agreement: Come to an agreement with the creditor on your own. With this option, you have more control of the outcome because the final decision is not made by a judge.
Mediation: Some courts require that you and the creditor use mediation. This process allows you and the creditor to come to an agreement with the help of a neutral third party. The mediator does not decide what will happen in the end but helps to reach an agreement that is recorded in a contract, which both parties must comply with.
Arbitration: You should review your credit agreements to see if the creditor requires arbitration instead of going to court. Arbitration allows a neutral third party to make a decision after hearing your statements and those of the creditor. This means is less formal than a trial in court, but the result will have legal validity and enforceability for both parties. The decision made here is similar to that of a court.
Option 2: Take no action
You have the option of not taking any action if you have been notified that someone has started a lawsuit against you. Without, however, you should know the following:
The court can enter a default judgment against you. This means that the person who filed the case against you in court can get what you asked for. For example, if the person indicates that you owe them $ 300, the court may order you to pay the $ 300 because you did not appear to explain why you do not owe it.
If the court enters a default judgment against you and you want to challenge it, you must file court forms to ask the court to vacate the default judgment. Filing such forms must be done within 30 days of the default judgment date, or else you will find it more difficult to vacate the default judgment.
Option 3: Respond to court documents and participate in the court process
You can state your side of the story.
If you want to appear in court, you must respond to the court documents you received, explain your side of the story, and wait for the court to decide what will happen in the end.
To respond, you must file a Pro Se Appearance form and an Answer with the court. The phrase " Pro se " means that you will appear in court on your own, without the assistance of an attorney.
Keep in mind that filing an Answer in court involves spending time and money. Legal proceedings can take several months, or even years, to complete. Oftentimes, court proceedings include: the fees to present your case, the fees to pay the attorney, and the time you spend in court, which may be the time you must take time off work.
|Re: How To Respond To A Lawsuit Filed Against You By A Creditor by wealthgoddess: 1:54pm On Feb 14|
informative. kind of posts we need on nairaland. lalasticlala please do the needful
|Re: How To Respond To A Lawsuit Filed Against You By A Creditor by BuySweetOrange: 2:34pm On Feb 14|
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