i am being sued by a creditor how do i find an attorney

Tip: Consult an attorney in your state to learn more about your rights if you are sued on a debt. Some attorneys may also offer free services, or charge a reduced fee, such as through your local bar association. You may wish to find an attorney who has experience in the Fair Debt Collection Practices Act and debt collection issues.

Full Answer

What happens when you are sued by a creditor?

The creditor will ask the court to include not only the debt balance, but the amount of the creditor's attorneys' fees, court costs, and interest. Once a judgment is entered, interest will accrue on the judgment amount until it's paid. You could find yourself liable for an amount that is hundreds or thousands of dollars more than the original debt.

What to do if debt collector sues you?

Aug 26, 2020 · If a collection agency fails to collect a debt, then the original creditor or the debt-buyer (if the debt has been sold), may hire a law firm to collect the debt. The law firm will likely sue you. When you're sued, you will receive a summons and complaint.

How to deal with debt collectors in 3 steps?

Nov 03, 2012 · As you discuss the lawsuit with the attorney, and your broader financial situation, you may find that some of your better options involve broader solutions, sometimes including bankruptcy options. The attorney is ethically forbidden from forcing you to pursue any option-he or she can only give advice so that you can make an informed decision.

How to find a lawyer to sue a debt collector?

Jul 10, 2014 · You can search your county's Superior Court's docket either online, or if its not available online by going to the courthouse and having the clerk assist you in searching to find out if you've been sued. If you have not been served but the docket indicates someone was served, you should look into that... Helpful Unhelpful 0 comments

How long does it take to respond to a creditor's complaint?

You Respond. The summons should set a timeframe for when you need to respond to the creditor’s complaint, but it’s usually within 30 days or less. If you want to fight the lawsuit, your response should cite any and all applicable defenses.

How to avoid getting summoned to court?

If you have unpaid debts and they’re legitimate, try to do your best to avoid getting summoned to court. Stay in communication with your creditor. Seek ways to reach a satisfactory compromise.

What happens if a creditor doesn't respond to a motion for summary judgment?

Summary Judgement. If your response didn’t do an adequate job offering a defense, the creditor may ask the court to issue a summary judgment and rule in their favor. You should have an opportunity to file a response to the creditor’s motion for a summary judgment.

What happens if you don't respond to a judgment?

If you don’t respond in the given timeframe, the creditor can then ask for a default judgment. If the court agrees, the creditor has essentially won the case and will be able to collect the judgment amount, usually through a wage garnishment .

What is a summons in a lawsuit?

The summons is basically a notification that you’re being sued, and should provide some direction on the steps you need to take to address this.

What happens after a trial date?

Once a trial date has been set, you will need to appear in court (preferably with some form of qualified legal representation) and plead your case. A judge or jury will hear both sides and rule in favor of either the plaintiff (your creditor) or the defendant (you).

Can you ignore a summons?

Depending on the rules of the court, the summons may need to be hand-delivered, or it may simply be mailed with a form you can send back, acknowledging that you received the summons. There’s no benefit to ignoring a summons or making it difficult for the summons to be served.

What to do when a creditor sues you for debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.

What is a defense in a lawsuit?

A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.

What is a counterclaim?

A counterclaim is a claim that you have against the creditor. In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt.

Can a lawsuit grow if a creditor gets a judgment against you?

But keep in mind that a lawsuit for a relatively small amount can grow if the creditor gets a judgment against you. The creditor will ask the court to include not only the debt balance, but the amount of the creditor's attorneys' fees, court costs, and interest.

Can you hire an attorney to defend a lawsuit?

Even if you have a good defense to the lawsuit, you'll want to consider the amount of the debt before hiring an attorney. Attorneys' fees can add up quickly. If you hire a lawyer to defend a lawsuit over a small debt, you might end up owing more in attorneys' fees than you would if you chose not to defend the suit.

Can you get a judgment against a creditor if you win a counterclaim?

It's not a defense to the underlying debt, but a separate claim. If you win on your counterclaim, you might get a money judgment against the creditor. Your filing of the counterclaim might also induce the creditor to withdraw its lawsuit against you.

What happens when you are sued?

When you're sued, you will receive a summons and complaint. These documents let you know what you're being sued for, who is suing you, and how much time you have to respond. Your response is called an "answer.". How long you have to file your answer will depend on your state's laws.

What happens if you don't answer a lawsuit?

If you fail to answer your lawsuit's complaint, the court will enter a default judgment against you. To use a sports analogy, a default judgment is like forfeiting a game. In other words, if you don't file your answer within the time allowed, you lose automatically.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How long does it take for a debt collector to send a written notice?

Debt collectors must send this written notice within five days of the first date they have contacted you.

What happens if a collection agency fails to collect a debt?

If a collection agency fails to collect a debt, then the original creditor or the debt-buyer (if the debt has been sold), may hire a law firm to collect the debt. The law firm will likely sue you. When you're sued, you will receive a summons and complaint.

What happens if you wait too long to pay a credit card?

If you wait too long before making a payment, the credit card company may use a collection agency to attempt to collect the debt. The credit card company might give up on you and sell your debt to a debt-buying company. Collection agencies will continuously call you. They will send a lot of collection letters.

What happens if you default on a credit card?

If you fail to make your credit card payments, credit card companies will make your life more expensive by charging late fees and higher interest rates. These creditors will report negative information to the credit bureaus, which will then be entered into your credit history.

What happens if you get sued by a creditor?

If you receive a letter that you’re being sued by a creditor, it can be terrifying. You may think you’re about to lose everything since you can’t afford to pay off your debt. Or you may be thinking about your wages being garnished for years to come and how that will affect your current lifestyle. You may also be thinking about all ...

What to do if creditor doesn't agree to settlement?

Once you’ve taken all of these steps, and if the creditor does not agree to a settlement, be sure you show up for your appointed court date to dispute your case before a judge and show proof of your income.

What to do if you are behind on your credit?

If you’ve begun to fall behind on your debts and you’re worried about the potential consequences, take an hour to speak with a trained credit counselor. They can help you assess your situation and discover resources to help you overcome your current challenges.

What to do if you don't hire a lawyer?

Even if you don’t hire one, it’s a good idea to at least have a consultation with a lawyer that specializes in collection lawsuits. Gather all the knowledge you can about how long you have to file a response and how a judgment can impact you. It’s important to know your options.

How to keep a bad situation from getting worse?

There are some things you can do to keep this bad situation from getting worse. 1. Don’t ignore the letters. Sometimes people can’t quite bring themselves to face bad news, and so hesitate to open or respond to important letters.

What happens if you admit you are liable?

If you admit you’re liable from the start, you’re admitting full responsibility and may have a difficult time settling for a lower amount in court. Instead, you may be better off not accepting liability and gathering more information.

Can you settle a debt before going to court?

Because of this, they may be more interested in settling instead of going to court. If they can prove you owe the full debt and if the statute of limitations hasn’t expired, discuss a settlement offer with them before going to court.

What to do if you do nothing in a lawsuit?

If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment. You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.

What happens next if you file an answer in a civil case?

What happens next will depend on what you filed. If you filed an answer, the case will move forward. To see how a civil case moves through the district court or justice court, click on these flowcharts:#N#Flowchart - Civil Case in District Court#N#Flowchart - Civil Case in Justice Court

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

What is the most common way to respond to a lawsuit?

File an answer. Filing an answer is probably the most common way of responding to a lawsuit. An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim.

Why do you file a motion to dismiss?

File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What does it mean when you receive a summons and complaint?

Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.

4 attorney answers

Agree with colleagues. Check Superior Court website to find a case, if one exists. If you cannot pay the bill, it may be dischargeable in BK. Consult counsel.

Shaye Larkin

Mr. Stempler is correct. You can search your county's Superior Court's docket either online, or if its not available online by going to the courthouse and having the clerk assist you in searching to find out if you've been sued. If you have not been served but the docket indicates someone was served, you should look into that...

Richard Glenn Elie

Many superior courts in California can be searched for a small fee or free. I have a legal guide on those online court services, or you can go to a nearby courthouse to find out. If you are in Los Angeles county, for instance, go to www.LASuperiorCourt.org. If you need more help, contact your local court clerk or a debt collection DEFENSE attorney.

How long can a creditor sue you in Pennsylvania?

The state of Pennsylvania typically has a 4-year statute of limitations for most debts. This means that if your last made a payment on your debt was four years ago, a creditor cannot legally sue you. If they do, they are in violation of the statute of limitations.

How to respond to a debt collection lawsuit?

1. Create an Answer Document. The first step you need to take when responding to a debt collection lawsuit is to create your answer document. Although it's possible to write up a brief, one-sentence answer and have it accepted by the court, it is always in your best interest to write the strongest answer possible.

How long does it take to respond to a debt summons in Pennsylvania?

Under Pennsylvania debt collection laws, if you are a resident of the state and are served with a debt collection Summons and Complaint, you must respond within 20 days of being served. While this is definitely plenty of time to submit a response (known in legal terms as an “answer” to the summons), it is always in your best interest to respond as soon as possible. The worst thing you can do is ignore a summons.

What happens when a debt collection lawsuit begins?

First, let's start with some background: the first thing that happens when a debt collection lawsuit begins is that the plaintiff serves you with two documents, known as the Summons and the Complaint. The documents may be served in person or by mail.

How long can you collect a debt in Pennsylvania?

The statute of limitations for the debt has expired. The Pennsylvania statute of limitations for debt collection is four years, so any debt that is older than four years is off limits for a lawsuit against you.

What happens if you miss the 20 day deadline for a summons?

The worst thing you can do is ignore a summons. If you happen to miss the 20-day deadline to answer your debt collection summons, on the 21st day you will then receive a 10-Day Notice. In a nutshell, this is a final reminder that you have not yet answered or objected to the complaint.

What happens if a default judgment is granted?

If a default judgment is granted, you will automatically lose your case. The judge will enter a judgment against you and award the plaintiff the amount they asked for. This is true even if a mistake was made or you do not owe as much as the creditor claims, so it's best to answer by the deadline.

What happens if you don't disclose your account in court?

In court you will argue they are not complying with duty to disclose as the law requires. You will make a case that without these documents how can anyone know what was is being sold and what guarantees to validity of the account as sold. Also, if they also did not provide a list of witnesses or they do not show up.

Does Credit One Bank have arbitration?

Credit One Bank does have an arbitration clause , but they also have the "small claims exception". I know because I did review the card agreement when I was sued, and have since opened a new account with them also. Quote. Link to post.