We can help you!<\/a><\/li><\/ul><\/nav><\/div>\n\nUsually, it takes roughly six months of missed payments until you can be sued for a debt. In general, creditors and staff members of credit card companies prefer to reach an agreeable payment arrangement with their debtors before taking legal action.<\/span><\/p>\nThis is due to the fact that using legal means to collect a debt not only costs money, but it can also delay the process. However, it’s not impossible\u00a0to be sued for a debt, particularly if you don’t get in touch with your creditor and repeatedly skip payments.<\/span><\/p>\nThe fundamentals of what you should do if a creditor has initiated a lawsuit against you for unpaid debt are covered in this article. It will cover everything, including how to read a complaint and pick a lawyer.<\/span><\/p>\n<\/span>What happens if you are sued for debt?<\/b><\/span><\/h2>\nWhen a creditor files a case with a state civil court, naming you and, if applicable, your co-signer as defendants, a debt collection lawsuit is launched. The reason the creditor is suing you and its demands will be stated in the complaint. Typically, that includes the amount you owe plus interest, as well as potential court costs and attorney fees.<\/span><\/p>\nDebt collectors anticipate that the majority of people won’t show up to their hearing, so the court will have to enter a default judgment. A default judgment may give the creditor the following options:<\/span><\/p>\n\n- Wage garnishment.<\/span><\/li>\n
- Assign a lien to your property.<\/span><\/li>\n
- Try to freeze all or a portion of your bank account’s funds.<\/span><\/li>\n<\/ul>\n
<\/span>Being sued despite having\u00a0good faith\u00a0efforts<\/b><\/span><\/h2>\nEven if you have promised\u00a0to make small payments toward your debt or work with a collection agency, a creditor may still sue you. However, this is a less likely scenario because creditors normally do not file lawsuits against debtors who are\u00a0making at least\u00a0a good faith effort to return a debt.<\/span><\/p>\n<\/span>Getting a Complaint and Responding to it<\/b><\/span><\/h2>\nA legal complaint and summons are typically the first signs that you’re being sued for a debt. The complaint outlines the type of debt claims made against you as well as their financial value.<\/span><\/p>\nOn the other hand,\u00a0the summons informs you in writing that you must be present\u00a0in court on a specific date if you desire to contest the claim.<\/span><\/p>\nTherefore, if you agree with the claim but would prefer to reach a settlement, you should normally respond to the complaint if you intend to defend against a creditor’s legal claim against you.<\/span><\/p>\n<\/span>Debt defense against a claim<\/b><\/span><\/h2>\nIf you intend to contest a claim made against you, an experienced Portland and Washington debt defense\u00a0lawyer can assist you in determining which defenses are the most reasonable. The case might not even be legal because arbitration clauses are frequently seen in consumer contracts.<\/span><\/p>\n<\/span>Debt Ownership<\/b><\/span><\/h3>\nA creditor suing you for unpaid debt must also be able to prove that they are the rightful owner of the debt.<\/span><\/p>\nCreditors typically sell debts to other organizations, which are then regarded legally as “debt collectors.” The original creditor is not subject to this requirement, but these buyers of debt should be able to show proof of the debt\u00a0to file a lawsuit against you.<\/span><\/p>\nTherefore, if a debt collector contacts you, you should ask for written confirmation of the debt. It may not demand payment from you if it cannot offer written proof.<\/span><\/p>\n