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What to Expect if You Get Sued for Debt

Posted by Sean T. Flynn | Dec 01, 2020 | 0 Comments

It is not necessary that you only get sued for a loan that you remember. There can be a case where you get a legal notice for a long-forgotten debt, which is still left unattended.

For such scenarios, you should know what to do if someone sues you. Hence, we have gathered everything that you can expect if you get sued for a debt.

Go through this to get a better idea about the whole procedure.

The Time

The very first thing that you should cater to is the time wherein you have to respond to the notice. You can expect 20-30 days from the day you receive the notice to send an official response.

However, we suggest that you get this done at your earliest. By doing so, you may even have a chance of striking a deal with the creditor or debt collector before things reach the court.

The Debt Itself

You can expect the repayment amount to be more than the amount you borrowed. The amount stated by the creditor could be more than the debt itself and may include interest, charges, court, or even attorney fee as the process is not free for creditors.

Hence, you should expect an amount which can be more than what you owe. This way, you will be in a position of negotiating the amount in front of the court.

The Original Creditor

Another thing that you can expect for such a case is that it may not be the original creditor who is filing the lawsuit against you. This is precisely why we stated earlier that you could get sued for a long-forgotten debt.

Debts get sold, and when that happens, the chances are that the person suing you is not the one you owe your money to. Hence, the situation can get complicated, and you should be prepared with all the documentation you own.

Statute of Limitations

Since lawsuits are filed mostly against unattended debt, you should always check the statute of limitations for such cases in your state. If your creditor sued you within the time frame, the case might continue.

However, if the statute of limitations for this specific type has passed, you will have the upper hand in court. To be sure, do consult an attorney and discuss the possibilities beforehand.

Showing Up in Court

Lastly, you must attend all the court hearings. By doing so, you can make sure that any opportunity that you have of winning the case or having the decision slightly in your favor is not missed.

However, if you do not show up in court, you can expect dire consequences. This includes the decision being taken directly in favor of your creditor, which will eventually give them more power. This power means that your salary, property, and savings are all at risk, which is certainly a situation you will not prefer. Hence, make sure that you always show up for your case.

For more information, speak with an experienced bankruptcy attorney – schedule your free 1-hour consultation today: https://seanflynnlaw.com/calendar/

About the Author

Sean T. Flynn

Biography A graduate of the University of North Texas, Sean went on to get his JD from the University of St. Mary's School of Law. He is licensed to practice law in the State of Texas, as well as being admitted to the U.S. Federal Court in the Northern, Eastern and Western District of Texas. Sea...

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