What to Do If a Debt Collector Sues You

Elison Evan Expert Reviews


Having a forgotten debt can result in shaking your head within a nanosecond. A stressed environment will be evolved after getting a reminder call from the collector or creditor about your far forgotten old debt which you owe to pay them. The bad story may not always end here. The worst that can happen is when you are served by a court summon with a complaint copy registered by the creditor in court against you. 

The news of getting sued by your debt creditor may leave you astonished and stressed. There are many chances to get sued by the creditor if you are falling behind more or less 160 to 180 days for the due payment which you may have completely forgotten about. This may be an unpaid medical fee, credit card or any utility bill. If you are owing a bigger amount like thousands of dollars pending for the payment, there are greater chances that creditor will file a complaint against you. The solution to this situation is to know what you should do and what you can do within your legal rights against an FDCPA complaint filed against you.

Stay Calm but Conscious

Do not get stressed suddenly after receiving a letter from the court to respond to the complaint within the allowed time limit. Relax and calm your nerves but not too much. You should be tension free but not carefree in such matters. Keeping your nerves cool and under control is important to tackle the issue intelligibly and cautiously instead of breaking it in a hurry.

Review and Arrange your Documents

Usually, you ignore any payment of a debt in case you forget about it. So, instead of being stressed after receiving court orders, you should help yourself in recalling any unpaid services which you left behind out of unconscious or conscious action. Review your credit report to see if there is anything left unpaid in the recent and remote past. Arrange all the pieces of evidence of your payment and agreement contract with the creditor. 

As usual, the suing person is not the first creditor or collector himself, it will most probably be a solid collection of funds to another person. Clear every possibility of avoidance from the claimed unpaid debt. Check for the date of suing, if it has past the statute of limitation. Because you cannot be sued after it has passed the statute of limitation.

Be Careful in Your Response

Usually, it has been a practice that people will not be responding to the court notice or summons related to the claimed debt and they don’t show up in the court. This is the worst thing one can ever do by not responding to the court letter for a legal activity. Whether you recognize the debt or not and you find yourself liable to pay or free from the debt, you must respond to the court's letter. 

Not responding to suing of your creditor will empower his claims against you and it may result in a court judgment against you. It is better to consult and take the help of an attorney for writing a response on this matter. He may point out some very important points which you may not be aware of to strengthen your reply in your favor