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Are You $255 Payday Loans Online Same Day The suitable Method? These 5…

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Are you being sued for debt? Here's What You Should Expect

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Are you being sued for debt? Here's What You Should Expect
Take action quickly if you've been sued for the amount owed. You have options.
By Sean Pyles Senior Writer | Personal finance and credit, and personal finance Sean Pyles leads podcasting at NerdWallet as the host and producer of the NerdWallet's "Smart Money" podcast. The show "Smart Money" Sean talks with Nerds across NerdWallet's NerdWallet Content team to answer listeners' questions about personal finance. With a particular focus on sensible and actionable money advice, Sean provides real-world guidance that will help consumers improve the financial situation of their lives. Beyond answering listeners' money concerns on "Smart Money," Sean also interviews guests outside of NerdWallet and creates special segments to explore topics such as the racial gap in wealth and how to begin investing, and the history for student loans.
Before Sean lead podcasting at NerdWallet, he covered topics concerning consumer debt. His work has been published in USA Today, The New York Times as well as other publications. When Sean isn't writing about personal finance, Sean can be found playing in his garden, going on runs , and taking his dog on long walks. Sean is located within Ocean Shores, Washington.





Feb 13 Feb 13, 2019


Edited by Kathy Hinson Lead Assigning Editor Personal finances, credit scoring debt and money management Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years with The Oregonian in Portland in capacities such as chief of the copy desk and team director of design and editing. Her previous experience includes copy and news editing for various Southern California newspapers, including the Los Angeles Times. She graduated with a bachelor's in journalism and mass communications from Iowa's University of Iowa.







A majority of the products featured here are from our partners who compensate us. This influences which products we feature as well as the place and way the product is featured on a page. But, it doesn't affect our opinions. Our opinions are entirely our own. Here's a list of and .



A letter comes from a law agency, informing you of a legal action to recover payment on an old bill. This is a little upsetting, but it's not uncommon.
You could be hit with a lawsuit if you have an unpaid medical bill or credit card consumer debt. If you don't respond on time or appear at the court hearing, the creditor will likely winand could be awarded rights to take some of yourwages or savings account.
Watch your debts dwindle
Register for an account that allows you to connect your credit cards, loans and accounts to manage them all in one place.






This article says:
What happens when you get sued for debt
Lawsuits are a common and efficient debt collection tactic. For New Jersey, for example that debt collection lawsuits were responsible 48 percent of the civil judgments in 2011, as per a . One attorney at a firm that collects debts had filed 69,000 lawsuits in one year, the report found.
A debt collection suit is filed when the creditor files a complaint in a state civil court with you listed as a defendant with your co-signer , if there is one. The complaint will explain why the creditor is suing you, and what they want. Typically, that's the money that you owe in addition to interest and maybe attorney fees and court costs.
The creditor, collection agency or the attorney for it will then notify you of the suit by "serving" you in the form of sending a copy of the complaint along with a summons to court. The summons will include information on the time and method to file a formal response in court, as well as the date of the court hearing.
They are betting that a majority of people won't show up for their hearings, which leaves the judge with the task of filing a default judgment. In the event of a default judgment, the creditor may be in a position to:
.
Place a lien against your property.
Try to block part or all the money in your bank account.

This is why you must answer the summons and summons. This is how you can do it.
Collect the information you need.
The person that is suing you will not be your original creditor. The debt may have been transferred, or perhaps multiple times. You may find something that you recognize, or it could be an old debt that was forgotten -- that a debt collector has been able to revive.
Review your own records and any information you got from the mail, which includes the that the debt collectors have to send. Determine:
Who is the creditor? how accurate the amount is and whether you actually owe the debt. There are errors that can occur as debt is sold and resold; names and amounts may be inaccurate.
If the debt is beyond the . After that it is considered "time-barred." That means that you aren't legally sued -- but collectors might still pursue it violating your . The obligation to pay the time-barred loans remains, however, and the unpaid debt is likely to damage your credit.

Don't delay. There is typically a time period of 20 to 30 days from when you are served with the notice to respond.
Respond to the lawsuit
"The worst thing anyone can do is ignore the lawsuit," says Ira Rheingold as Executive Director of the National Association of Consumer Advocates. This puts your earnings or bank account, as well as your home at risk. In addition, you could lose the ability to dispute that you have a debt.
The process of organizing your defense and writing the response can be complicated which is why you may need to speak with an attorney. Most attorneys offer a free consultation, and if you win your case, the debt collection agency is likely to be required to pay the legal costs. A lot of offices provide low- or no-cost services. Members of the military can seek assistance from the local general office of the judge advocate.
An attorney can:
Make sure you point out defenses you didn't know about.
Help with the formal reply.
You can be represented in the court, if required.

An attorney's advice will help you draft an effective response, which might make the creditor more likely to negotiate an agreement with you. If you go a step further and attend this hearing with an attorney Rheingold claims that the creditor "likely won't be able verify the debt and it could be dismissed."
It is likely that you will need make a payment to respond. Contact the court clerk for information about fee waivers in the event that you cannot afford the fee.
Options for handling the hearing
Being present for your hearing is vital. The judge will determine if you have to pay, and it's your chance to defend yourself or negotiate a bargain in conjunction with the lender.
The way you deal with it will depend on whether you are owed the creditor.
If you are in credit
There are several options. Seek out the creditor before the hearing begins to determine what you can do to:
Establish a payment plan where you make regular, affordable payment on the bill up to you pay the bill off.
Settle the debt for less than what you were originally owed. If you are able to negotiate a deal, be sure to get a written agreement which states that the creditor will consider the debt fully settled and will notify the credit bureaus as having been paid.

A credit counseling service can assist you in analyzing your financial situation to pay for a payment plan or settlement. If you're still unable to pay for the debt that you owe, you might want to pursue a plan, such as the chance to make a fresh start.
If you've made the loan however, you believe you don't need to pay
There are several instances where you could have standing to refuse to pay the debt. You could be able to invoke these so-called affirmative defenses if, for example:
The item you purchased was not as expected or never delivered.
The debt agreement was invalid or unenforceable or you signed it based on lies.
You canceled the contract within the lawful time frame.

These are only a few of the affirmative defenses that could be available. If you suspect that you have a valid defense get legal advice on the best way to proceed.
If you don't owe the amount
If you're being sued over the payment of a debt that you do not owe or for a amount you disagree with Two words can offer you a powerful defence: "Prove it." When you appear in court, you can request the creditor to produce the original debt agreement and also to show that you owe the money specified. If they can't be proven, the judge can decide to dismiss your case.
Adequate documentation is key However, you should also get the assistance of qualified legal professionals to guide you through this procedure.
A lawsuit for a loan that you aren't sure about could be caused by identity theft, and you might want to investigate an actions you don't know about.
>> MORE:



The author's bio: Sean Pyles is the director of production and host for the NerdWallet's Smart Money podcast. His writing has been featured in The New York Times, USA Today and elsewhere.







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