If you’ve been served papers regarding a lawsuit being filed against you for a debt, DON’T IGNORE IT!
The truth is that debt collectors and the law firms that represent them are counting on you doing nothing. If you don’t respond to them and you don’t show up on the court date, they will win a default judgment and will then have the right to garnish your wages, place a lien against your property or even grab money directly out of your bank account. Once a judgment is in place, it’s nearly impossible to get it overturned, so you MUST respond within the time frame allowed.
Can you fight and win? Yes! Many of the companies suing on old debt are junk debt buyers. They pay pennies on the dollar for charged off credit card debts etc. Often the debts have been sold multiple time, the chain of paperwork isn’t in place and they won’t be able to prove that they have the right to collect on the debt. Or, it may be that you will have a countersuit that can be filed against them for violating the Fair Debt Collections Practices Act or the Fair Credit Reporting Act. Some of the FDCPA violations may be violated if the debt collector has contacted you at work despite being told not to do so, or contacting a third party about the debt or making false threats. Or they may have violated your rights under the FCRA by reporting inaccurate information to the credit bureaus.
The bottom line is that you need to consult an attorney and A+ Credit can help you find one that is affordable in Kentucky or Indiana. We will also review your credit report to ensure that the creditor is not reporting inaccurate, false or misleading information. Give us a call at 502-459-2222 if you’re being sued by a creditor.