You’ve Been Sued
Getting sued is no fun. The trial date is coming up and you do not want to have to go to court. You have a few choices.
The Do Nothing Defense
You can do nothing. The creditor will probably get a judgment against you if you do nothing. Once it has a judgment, it will have the right to take 25% of your after tax wages each pay period through wage garnishment until it is paid in full.
It will also have the right to seize your bank accounts and other property, like your car. Maryland law protects a minimum amount of your property if you file the right court papers on time.
Fight The Lawsuit
You can fight the lawsuit if you do not owe the money as claimed. Typical defenses that can be successful are that the debt is too old. This is a statute of limitations defense. If you snooze, you lose. In other words, if you fail to assert this defense in a timely manner, it is waived. If you win on this defense, you pay nothing.
Another good defense to your lawsuit can be that the plaintiff, the company suing you, lacks standing. In other words, it has not sufficiently proven that it owns the debt. If you win on this defense, you pay plaintiff nothing.
If this is the only lawsuit you will have to defend, it might be a good idea to find out if you have any defenses. Your creditor has a lawyer. To fight the lawsuit successfully, it is wise to have your own lawyer too.
Get Bankruptcy Protection
Bankruptcy often is your best option for defending against a lawsuit. This is especially so if you have lots of unpaid bills and no way to pay them. You probably already thought about bankruptcy but fear may be holding you back. Bankruptcy is an amazingly valuable tool that has almost no downside in your situation, and incredible upside.
Let Us Help
Call me for a no obligation evaluation to see which option is best for you.