If you got served with a summons and complaint the first thing to do is, DON’T PANIC~~! A summons means, COME to court, and a complaint means, this is why I am suing you! I know those are pretty simple terms, but sometimes legal papers can be scary! Why you ask, well let me tell you, its because attorneys use big words that people don’t understand to intimidate them!
There are 2 different types of law suits that you should be aware of, the first is you owe it and its legitimate and the second is somebody is trying to get money out of you and are grasping at straws to take advantage of you. You have to realize that anybody and sue anybody for anything at any time. Your dog could poop in your neighbor’s yard and he could sue you for it, believe it or not it’s the, American WAY!!!!”
So, if you’re in a situation where you find yourself with court documents, the first thing to determine is, is it real?
· Do you owe a credit card company for a debt?
· Do you owe for back child support?
· Did your car get repossessed and now you owe more money on it?
If you answered yes to any of these questions, then there are things you can do to handle the account.
The first thing is to confirm that the amount of money that’s owing is accurate. Sometimes companies will accelerate the amount owed on a law suit and if they do get the judgment against you, they can collect even more money. Keep in mind that a judgment means that somebody decided on something, and that’s the extent of it.
If you’ve determined that you owe the money, then call the law firm and try to work out a payment arrangement or settlement if you have the money to offer a lump sum. Start out low, like 20 cents on the dollar to start, then move up from there and make sure you can pay the money if you have it. If not then try to work out a payment arrangement. If none of these things work, or the law firm just wont work with you, then prepare to go to court! Now don’t Freak out!
Going to court will NOT kill you, I promise!
Bring all of the information that you have on any hardship, medical condition, unemployment or any other reason why you couldn’t pay the account so that you can show it to the judge. Know how much money per month you want to pay and stick to that number. By doing this, you are confronting your situation and not hiding from it! You can always hire an attorney to do this for you but realize that the amount of money to pay the attorney may not be worth it!
If you decide to not do anything and let them get a judgment against you, then that is your prerogative also. But I have to warn you that if you do nothing they can garnish your bank accounts or your job. Garnishing simple means, taking something from you involuntarily. They can also put a lien on your house, simply put means that if you sell your house down the road, the judgment will have to be paid as part of the sale.
Now lets talk a little bit about that law suit where people are grasping at straws trying to get something out of you that they have no right to, or that you are not obligated to handle. For instance, somebody decides to file a law suit against somebody else and finds your name on the internet where somebody thinks that you MIGHT be connected to them and you MIGHT have something to do with it. Or your neighbor was tired of your dog pooping in their yard and decided to do something about it without simple communication!
Then COMMUNICATE by every means imaginable! If the plaintiff is a neighbor, go knock on the door and talk it out and get them to drop it. If it’s a company, or someone you don’t know, call them immediately and find out what is going on and get it handled with them. Get all the documentation that you need to refute it, read every word of the summons and complaint to know what they are suing you for and supply all of the documentation to them and tell them that you are not liable and give them proof. It is best to talk first and don’t put anything in writing. You can get an attorney, but realize that its going to cost you an arm and a leg! You can do this yourself. Unless you get stuck and cant come up with any other solutions, then hire an attorney, but first try to communicate and handle it that way. You can also file an answer with the courts, you can look that up and get all the training that you need on the internet. So, go to court, that way you can fight it.
Don’t allow attorneys to do whatever they want to you, communicate to get an arrangement, or fight it if it’s not owed or downright unethical! Those law firms that put commercials on TV to get consumers to sue companies for no reason, are criminals trying to make a buck off of you. If it is a legitimate thing, where somebody died because they took a drug or something like that then by all means, SUE, but if it’s an attorney office trying to make money off of you, then realize what it is and fight, fight, fight!
The Debt Lady says, “Put your dukes up and clobber them, if you don’t you’ll be the one lying on the ground!”
No comments:
Post a Comment