Are you or a Loved One being harassed by a Lawsuit from a Creditor’s Attorney?
Our Attorneys at McCarthy Law are here to represent you. We will not only negotiate reductions in your amount owed, but we will defend 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.
Answers to Your Lawsuit Questions!
Should I answer the Complaint?
Yes, this is your only chance to raise defenses or contest the amount owed.
Do I have to answer the Complaint?
No, but this will end up in a default judgment which can lead to wage garnishment.
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 Lawsuit Attorneys can guide you through this process.
I have offered to make small payments on my bill, or I have told the creditor I would make full payments as soon as possible. Can they sue me anyway?
Yes. If you cannot make a payment, you or a Lawsuit 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.
Disclaimer: The materials available on this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.