The first step to take when you learn that a credit card debt collection agency is suing you for uncollected debt is to create a response to summons. First, once you received the summons and complaints, you need to file a Notice to Appear. This will prevent the court from entering a default judgment against you without court proceedings. This will also give a clear message to your creditor that you are a well-informed debtor ready to defend yourself in court.
Next, you need to draft a response to a summons. Your response to summons must include answers to all allegations against you. Just make sure to file your response within the given period otherwise, the creditor will be awarded with a default judgment against you.
Once the response to summons is filed, the Plaintiff has two choices, either go on with the lawsuit and request a court date or drop the case altogether. However, there are some cases wherein creditors will send off Discovery immediately once the response to summons has been filed in court.
If you found several inaccuracies or discrepancies with the Complaint the plaintiff filed and get the plaintiff to amend these errors, they just might not want to deal with you, drop the case and move on to less informed debtors.
On the other hand, if you admitted to every allegation on the complaints or you answered incorrectly with your response to summons, the plaintiff will get the impression that you are an easy target, expecting to win the case and request for a court date.
But instead of getting a court date, the plaintiff could also send you straight to discovery where you need to present answers to Interrogatories, Admissions, and Documents. Depending on your answers, the plaintiff may proceed with dropping the case or formally request a court hearing. If you failed to answer on time or your discovery is full of errors, the plaintiff will be awarded with a summary judgment by the court.
The fact is, if you know what to do, it is very easy to overcome any obstacle, including possible lawsuit from a creditor. You can start by reviewing your state's court rules and note what you can and what you cannot do during the proceedings as well as purchasing a document that can help you fight all debt claims without hiring a lawyer to represent you in court.
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