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Comments for
served legal papers

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Feb 10, 2010
Debt collection lawsuit
by: Larry

Larry,

My understanding is that they can serve you wherever they can find you. But you certainly can talk with a consumer law attorney to find out if that's the case.

Now that you have been served with a summons, the most important thing to focus on is how you are going to respond. Whatever you do, don't ignore it. Most consumers never show up in court when they are sued by debt collectors. As a result, the collectors typically get a default judgment against the borrower. Once the creditor or collector has a judgment, they have additional methods for collecting the debt. In some states, and for certain types of debts, that means they can garnish wages, get money from bank accounts, etc.

It's not too late to negotiate with the collector or creditor. You may be able to save the time and hassle of court costs if you can settle the debt.

Just make sure if you do, that you get something in writing from them agreeing to drop the lawsuit against you. There have been cases where unscrupulous collectors make it sound like they won't proceed to court, then do so anyway. The consumer doesn't show up, and the collector is granted a default judgment.

If you really can't afford to pay it, please schedule a a free consultation with a bankruptcy attorney right away. Even if bankruptcy isn't the right option for you, the attorney can help you understand what will happen if the collector takes you to court and wins.

Hang in there and let us know what happens, OK?

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