If You Do Get Sued What Should You Do?
In my last article I discussed how you can determine if you are really going to get sued or the debt collector who is alluding to litigation or is just some garden variety cesspool. Okay, let us go on the premise that you do get sued. Does not matter whether or not the debt is yours, whether or not the debt is in or out of statute. The first thing to know is that the complaint must be answered by you or by the attorney you may hire if you choose not to be a pro se defendant (represent yourself). Answering a complaint is not that difficult. When I was having financial difficulties some years ago that is exactly what i did. So what I am going to share with you here is not what I read in a book. I also will be giving you some material furnished by “Dixiedrifter” who writes on creditboards.com. She has done a great job explaining how you answer a complaint and also how to answer interrogatories if you are so served. Neither Dixiedrifter or I are lawyers so please bear this fact in mind when you read all the material I will link you to in this article.
Attorneys for a debt collector or debt collector attorneys love to serve interrogatories. All they are are pages of of ridiculous and annoying questions many of which of no bearing or relevancy to your case or their alleged case against you. The purpose is to annoy, harass and intimidate you. You can refuse to answer all or some the questions opposing counsel wants answers to or you may answer all of them. I would not recommend answering everything since you may be opening up a can of worms for yourself. After you read what Dixiedrifter says about interrogatories you can draw your own conclusions.
I would humbly suggest that if you have debt collectors making your life miserable you should own my self help system. To learn more just click here. Everything discussed here whether it is learning about answering a complaint, dealing with interrogatories or stopping debt collectors from calling and threatening you is about one thing, taking control of your financial life and taking responsibility. A good friend of mine said to me a couple of months ago that if you buy something then you have to pay for it. I agree with that thought. The problem comes when it is not a black or white issue; when it turns gray. By this I mean a person can fall on hard times…take a look around at the devastation this economy has wrought. Coming out of a divorce one or the other party’s credit could be compromised. Someone loses their ability to make a living. Does this mean that people are deadbeats or no good because they are unable to meet their financial obligations because of events that may not be totally within their control? Of course not. What about the situation where a debt has aged well beyond the statute of limitations and it’s no longer legal to bring suit on it and it is now owned by a 4th buyer who paid .04 on the dollar for it. Does this 4th owner have the right to demand payment of the original amount plus fees and accrued interest? Even though they know they cannot sue on a debt such as this one they in fact do just that and get away with it to boot.
If you do not answer a complaint and are sued on a debt like the one above the court does not know it is out of statute or that the debt predator is attempting to hose you down. Duh, you have to tell the court. This is why there are so many default judgments. People do not answer the complaints or unfortunately if they are Hispanic they cannot read the complaints if they do not speak or read English. A sorry state of affairs. Well here is some material which I hope you read care fully which should give you an idea of what the process is like if you are served. Reponding To Summons And Complaints And Interrogatories
I hope that what has been covered here is helpful for you. Please, if you have any questions email me at stopthecallsfast at gmail.com
Until next time. Who is watching your six?
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