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Lawsuits

I just got served summons for my credit card account. What should I do?
If you receive a lawsuit you should respond to the complaint within the required timeframe. Failure to do so will result in your losing the lawsuit by default. By responding to the complaint and proceeding with discovery, you increase the likelihood that the creditor will fail to respond in a timely or appropriate manner and you can have the case dismissed.
Someone has been attempting to serve me with a summons. What should I do?
Check the service rules in your state. In general, if you haven't been properly served the creditor shouldn't be able to proceed with a suit. However, some creditors will actually lie about properly serving you in hopes of getting a default judgment against you. There is no law that says you need to make serving you with a summons easy. However, in some states a creditor on needs to make a "reasonable" attempt to serve you before you are deemed served.
It looks like my lawsuit will be going to trail. What do I say to the judge?
If you have enrolled in our Lawsuit Defense Partner Program, they can coach you on what to do or say if you want to go to trial. If you don't want to go to trial, then this is a great time to discuss a settlement offer. The creditor doesn't want to go to trial anymore than you do. Also check out the recordings on lawsuits in our Resource Library.
What is Summary Judgment?
Basically it is a motion to ask the court to rule on the facts presented. The creditor will almost always ask for summary judgment in hopes of winning a quick judgment with a minimal cost and effort.
What can a collector do if they get a judgment against me?
A creditor can go after your income (some types are exempt), put liens on your home (some states they can't) and take money from your in-state bank accounts (if they know where you bank). However, there are many things that you can and should do now to minimize their debt collection effectiveness. Check out the section on Asset Protection to learn more.
I was getting letters from a law firm about my debts, but then they stopped. Are they going to sue me?
Just because collection letters stopped, doesn't mean they are going to sue. Usually it means they have given up and that your account doesn't rate the price of printing and postage anymore. Note that almost all—if not all—of your creditors are going to threaten to sue you, but for the vast majority never will.
What does Pro Se mean?
Pro Se is a Latin phrase meaning "for oneself". Representing yourself Pro Se means representing yourself (i.e., without an attorney). We recommend you represent yourself Pro Se with the help of our Lawsuit Defense Partner. Responding to lawsuits and requesting discovery is fairly straightforward and many creditors are simply not setup or prepared to prove their case if required to by the court.