At McCarthy Law, our debt attorneys can represent you, not only in negotiating reductions in your debt, but defending you against creditor lawsuits. We have provided some answers to questions to help you once you have been served a complaint by a credit card or other collector. At McCarthy Law, we always offer a free consultation in person at one of our nationwide offices, to discuss your options, timelines and strategy to get true debt relief.
- Should I answer the Complaint?
Yes, if you believe you do not owe some or any of what the creditor says you owe.
- Do I have to answer the Complaint?
No, if you agree that you owe the amount claimed or you do not wish to dispute the claim.
- What if I do not answer the Complaint?
The plaintiff will win and get a judgment for everything asked for in the complaint. However, even if the plaintiff wins, there are limits on what can be collected. Our debt lawyers can guide you through this.
- I have offered to make small payments on my bill, or I have told the plaintiff I would make full payments as soon as possible. Can the plaintiff sue me anyway?
Yes. If you cannot make a payment, you or a debt settlement attorney can contact the creditor right away, explaining the situation. If they do not hear from you, they may assume you will not pay and typically will file a lawsuit. If they win, the court will add the costs of that suit to the amount you owe. The creditor does not have to accept anything less than what you owe, so it is best to talk directly or have a legal representative, like McCarthy Law to help you.
- I cannot afford to pay the debt. Can they sue me anyway?
Yes. That is not a defense.
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