by DebtCollectionAnswers.com
If you are being sued for a debt, it can be scary. Many people ignore debt collection lawsuits because they don't know what they can do. In fact, creditors and collectors often win more than 95% of lawsuits because people never respond or show up in court.
If you are being sued for a debt, read our page about what to do if you are being sued for debts. It will help you understand what to do next.
On this page you'll find questions and our responses.
Return to Debt Collection Questions.
can a collector sue me for a debt that is 20 years old
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by Ilonna
(Los angeles, Ca, USA)
Hello. I received papers from court, that inform me the bank of america sued me for $3352.What can I do ? I'm self employed, my income is just $2000-$2500/month. I'm single mother with one child and I don't own any property or cars. I live in Los angeles, CA. Thank you
Reply from DebtCollectionAnswers.com:
Illona - We are sorry to hear the difficulties you are going through. We'd encourage you to at least get a consultation with a bankruptcy attorney who can tell you want the bank can and cannot do to collect from you.
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by Precious
(Watertown, MA )
In 2006 I bought a bed from Mattress Discounters through Wells Fargo financing. The bed cost $876.49 and had one year interest fee if I paid within that year. A month before the bill was due I wrote 2 checks 1 for $200 from my checking account and the other through my credit card and sent them as payment. But a month later I receive a bill of $1214.29 that included the interest. When I called the on the phone and explained that I had sent the payment. I was told they only received $200. They told me because I had put both the checks in one envelope and the machines that open the envelopes only recognize one piece of paper and shred the rest, which was the other check. I had gone back to school and couldnt afford to pay it. And I called to see if I can work out a payment plan they said they could not and every statement after that was more charges and it was sent to three collection agencies and they would add more fees every time it changed hands. And again they was no room to negotiate a payment plan they wanted to collect full amount. So now the last collector is suing me for $2900+ court cost and I still cant just give them that money. I had other accounts that I settled and paid installments on this one they just refuse.I have the original paper work of purchase and bank statement. What chance to I have to fight this and what type of help to I need as far as an attorney. And what should be my next step if I want to fight this.
Reply from DebtCollectionAnswers.com:
We would suggest you go ahead and talk with a consumer law attorney. The debt may have been inflated or the debt collector may not be able to prove what you owe. The attorney can help you understand your options. The consultation will be free and if you have a case against the collector it may be able to help you for free as well. At any rate, it doesn't hurt to find out.
Find out how to get free or low-cost help with your debt collection problems here.
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by Sheryl
(Fairfield, CA , Solano County)
I was served the summons & complaint, I answered the complaint, went to court on several occasions (not sure why) BofA filed a request for default, summary judgements based on a bunch of paperwork attached. Judge threw out the request for default & judgement based on source of proof is "Hear-say" Plaintiff had to refile their paperwork, went back to court, Judge referred us to a different Civil Judge and I go to court tomorrow. what can I expect to happen tomorrow? will we set the case for trial? Do I need to file any paperwork on my defense besides the answer to the complaint?
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by Tomas
(Louisiana)
I live in Louisiana. On 11/05/07 I received a petition stating I'm being sued for $4400.00. The petition allowed me 15 days to answer. I sent a certified to the city court disputing the debt. I thought the situation was resolved since I had not received any response. Now on 09/23/11, I received a summons that states my court date is a month away. I have reviewed my credit reports and this company is not listed on them. I found out the originator of the debt charged it off in 03/05, last payment was 11/24/04. The sol for open accounts in my state is 3 years, but the suit was filed 11/05/07 (date of petition).
What legal recourse do I have? Is there a deadline or timeframe for a lawsuit after it has been initiated?
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My husband was on disability for almost a year and couldn't make his credit card payments it has been almost four years he still is struggling with other bills, and hasn't paid any cards. Can they continue to sue him?
Comments for Being sued for unpaid debts in California
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by Becky
(Lyons NY )
I have 20 days to answer to this summons. I'm a single disabled mother. I have not been able to pay my credit cards due to life changes. Can I go to jail for not paying. What can happen to me?
Reply from DebtCollectionAnswers.com
This must be very stressful for you. You haven't stated what kind of debt this is, or how much you are being sued for, so it's a little hard to reply thoroughly. Your very best bet would be to talk with an attorney, whether that's Legal Aid (where we suggest you start) or a bankruptcy attorney who can help you understand whether it's necessary for you to file for bankruptcy.
You won't go to jail for not being able to afford to pay your debts. But if you don't respond to the lawsuit the creditor will likely get a judgment against you and that could make things more difficult for you.
So we suggest you talk with an attorney and get some advice about your options. Read: How to get debt collection legal help for FREE or at little cost
Comments for Served Papers Can't Pay Debt
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by Mark
I had legal papers served 30 days ago trying to collect to collect money owed to me. How long do i wait before my next step? And could you tell me what that step is can i do this without an attorney?
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by Carl
(New Jersey)
In NJ can I file bankruptcy if I am being sued for a unpaid loan? If so what happens?
Comments for Can I File Bankruptcy If Being Sued By A Person For A Unpaid Loan
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by Deborah
(Dallas Tx. USA)
My Mother in law is being sued by an attorney on behalf of a collection agency for the full amount of the claim plus fees.
She has kept accurate records of all her payments including bills and notices received. The debt has been paid and it appears that she has over paid this debt by $17,000.00. She is 80 years old, has limited income and can not afford to pay for legal fees. She has less than 2 weeks to act on this notice before court. Please advise.
Reply from DebtCollectionAnswers.com:
Deborah,
It's great to hear your mother-in-law has kept good records showing she paid this debt. Since she has limited income, our best suggestion would be for her to get a free consultation with an attorney with experience in debt collection. She can reach out to a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.
If that doesn't work, she can also try:
Legal Hotline for Texans
Texas Legal Services Center
815 Brazos, Suite 1100
Austin, TX 78701
(800) 622-2520 LHOT
Do let us know how this turns out for her!
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by Piper
(Tacoma)
My mom was in a car accident a few years ago and passed away a little while after due to non related problems but the person my mom hit is now suing my dad. He has good insurance and they are helping him but he is worried that his only asset during the marriage at that point is his navy retirement. Can they garnish that?
Reply from DebtCollectionAnswers.com:
Piper - We are so sorry to hear about your mother's death. Typically, certain assets are safe from creditors - and retirement funds are usually among the assets that can't be taken in most cases.
Hopefully, they are just trying to get as much from the insurance policy as possible. However, if it looks like they may try to go after more than that, then we would really encourage your father to talk with an attorney to find out what may be at risk here. If he is not already working with an attorney, then one option would be to talk with a bankruptcy attorney. For a reasonable fee, the attorney should be able to tell him what's safe and what isn't. (We're not implying he has to file for bankruptcy - the reason we are recommending this course of action is that these attorneys are typically familiar with property exemptions. He can tell the attorney he doesn't want to file, but wants to know what's at risk.)
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by sammy
(maryville tn usa)
I got sued from capital one and the sol had ran out but the lawyer had were they had tried to serve papers on me three times and the server returned the papers saying they could not find me .. they had the wrong address .. that was in 2008 and now it is 2011 .. i was in court yesterday and asked the lawyer to prove that i owed the money .. to make a long story short . do i have to pay because they filed in 2008 but i never heard from them or had parers served on me . the judge gave the lawyer a later date for the lawyer .
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by jan
(K.C. Mo)
We live on social security only and a credit card company has send us a letter regarding a credit card that was charged off for $1,900 three years ago, they are suing us for $3,118 plus court costs.
Went to bank yesterday and they said charged off and sold to Dickersin Financial.
Court is in June, do not have the money to pay what they want a month and they also said the interest at 9% would keep on.They have no paperwork, when the account was opened or charged off. A law firm from Iowa is Dickersin's lawyer. Help
Should I go to court or ignore it. Have not got a summons yet, but I imagine it is on the way.
Thanks for the help!!!
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by Rob
(RI)
I am on public assistance.I know when you get a summons from the court they ask if you are or any other listed categories that may be checked that are related. Does this prevent someone from putting a judgment on you? I believe it is because you are considered low income.
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by Mark
(Georgia)
Yesterday my wife received a phone call from a collection attorney regarding payment on a credit card that she had with her ex husband. She has been divorced from him for 20 years, and has filed bankruptcy twice before I married.
The attorney said that he intends on suing both her and I for this debt if we do not settle this account. The last payment was made by her ex husband back in 2007.
Today we received a letter from the attorney requesting payment of this account.
What course of action do we need to take at this point to protect ourselves from this?
Since she had divorced him 20 years ago, and has filed bankruptcy twice, is she not cleared of this account?
Comments for Wife and I being sued for her ex husbands debt
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My deceased husband is being sued in small claims court and they didn't list me on the suit. What should I do?
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by Jenn
(New Jersey)
I rented an apartment and broke the lease almost 6 years ago. Today I got a letter in the mail from a lawyer saying that they want to collect the debt and I need to reply within 30 days. My question is should I reply as the statue of limitations in NJ is almost up?
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by Mansoor
(Santamonica ca usa)
I have being sued by wells Fargo bank for a foreclosed property which had a equity line for 280000 dollars how do I protect myself against this
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by Dan
(Los Angeles, CA)
I got a summon today for alleged debt and has 30 days to respond. I have a car under my name and my son is paying the car and using it. I still have 3,000 loan balance and my son will borrow personal money to pay it off and then I can transfer ownership to him so that it can be protected if ever I lose and get the judgement from the court to seize any property under my name. If the transfer occurs before I get the judgement, can they reverse the transaction or can they still put a lien on the title even if my son already owns it. My son is not part of the lawsuit because I am the only one being sued.
Thank you very much in advance for your response.
Comments for Transferring an asset after being sued
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by jesse
(indiana)
I was in the army and I'm a disabled veteran with 40% disability can i be sued for passed due bills from a yrs ago? even though i can't work cause of this matter?
Reply from DebtCollectionAnswers.com:
We're sorry to hear about the problems you've had since your discharge from the military.
The fact that you are disabled veteran and out of work doesn't prevent a creditor from suing you, but it may mean there is nothing they can really do to collect even if they get a judgment against you.
Read: What does it mean to be judgment proof?
In addition, if these debts are outside of the statute of limitations, you may be able to raise that as a defense if you are sued.
It may make sense at this point for you to at least talk with a bankruptcy attorney to find out whether you need to consider filing to put these bills behind you.
We wish you the best and hope you are able to find a resolution to your problems.
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by Joan
(Lemoyne, Pa. USA)
I HAVE READ THE FIRST PART OF YOUR BOOK. PLEASE HELP ME.
I am a PENNSYLVANIA resident who is being sued by a debt collector(Portfolio Recovery) for amount of $22,000.
The Sheriffs have knocked on my door but I have not answered.
I am disabled; my ONLY INCOME is Supplimental Security Income(SSI).
I am a renter who does NOT OWN a HOUSE or a VEHICLE.
Q: In court, when they win, what can they take from me?
(1)Can they GARNISH or put a FREEZE on my checking account(it only has money from my monthly $720.10 direct deposit from SSI. My bank is Sovereign Bank now owned by The Santander Group)
(2)Can they Sherrif sale my other belongs, such as Furniture, Cookware, Televisons, Clothing or Jewelry, etc?
(3 My roomate will be receiving alot of money sometime very soon but I am not allowed to disclose this due to the very high powered Government party who is paying him.
*I will absolutely(100% SURE) be paying all of my debt
when he receives this money, which is a definite..
HOWEVER, I can NOT disclose this information to the Party who is suing OR to the Judge at hearing.
Thank you for your help. I am sick and the stress of not knowing what can happen is making me even more weak and sick.
Many thanks to you ..I await your reply
Comments for Disabled Pa renter whose only income is SSI being sued by debt collection agency
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by sharon
(calif.)
I have been unemployed for several months, but am about to receive my social security because of early retirement. Can my social security payment be attached? It will be directly deposited to my bank account.
Reply from DebtCollectionAnswers.com:
Sharon,
Social Security income is usually safe from creditors. However, you want to try to avoid being sued by a debt collector because that may create new problems for you.
First, make sure you are actually being contacted by a real debt collector and not a debt collection scam. If it is legit, then you may want to see whether you can settle the debt for less than the full balance or get help from a bankruptcy attorney.
You may want to listen to our debt settlement podcast.
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by Michael
(MA)
I found out I am going to be summoned to court for a Bank Of America credit card bill - the plaintiff is FIA Card Services (I havent received the summons yet but was told by my local court that a suit had been filed against me and they have 90 days to serve me the summons. Ihe credit card bill is about $18,000.00. I own a home which is in a trust and barely make ends meet and if they garnish my wages I will have to file bankruptcy as a last resort. I might be willing to settle if they are willing to do it for 35% - 45% of the original amount of the debt or I may just fight it in court. The house is in a trust so I am unsure if they can put a lien on the property and if they did then I could just pay the debt off at time of the sale? Is this an option other then a wage garnishment? Thank you
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by Sharon
(Indiana)
If I am being sued, can the person suing me take money from me that is in mine and my sons name (ie: a bank account)? Or a home that is in mine and someone else's name?
Reply from DebtCollectionAnswers.com:
Sharon - Money in a joint account can be at risk if you are sued and the party who sues you gets a judgment. It depends on your state's laws regarding the collection of judgments.
Home equity can sometimes be at risk but if it is, it usually means that they get a lien against the property so that if it is sold in the future they will get paid. Again, it's a matter of state law.
In some cases the same property that is exempt (or protected) in bankruptcy is safe from creditors who get a judgement. But in other cases it is different.
Read: Exemptions: What can I keep?
That's why we recommend you talk with a bankruptcy attorney as soon as possible to find out what may be at risk here and what your options are for dealing with this lawsuit.
Find out how to get a free initial evaluation with a bankruptcy attorney here.
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by Alma
(Medford, OR, Jackson County)
I had a checking account with US Bank in 2008 that I had borrowed $500 "andvance directive" from, due to being on maternity leave and had no income coming in. Went back to work early but had late fees on the $500. I had 3 $250.00 direct deposits from my paycheck into acct. in an attempt to pay them off. I contacted bank manager to see about getting overdrawn fees lifted, or I would never be able to pay off what I owed them because of the daily fees. Bank manager agreed. After the three direct deposits of $250.oo I stopped making more deposits becuase I couldn't afford child care and other living expenses as well and since bank manager agreed to lift feest I though I would be ok. I never heard from them and had my credit ran in 2011 of July and did not appear on my report. Now August 23, 2011 I heard from an attorney letting me know that they are suing me for 3,500. Turned out that bank manager never lifted the fees. I am so upset. What can I do?
Comments for Being Sued by Bank
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by Laura
(Prinsburg, MN U.S.A)
I have a summons to appear in court in ten days for past due medical bills totaling 3,000. I don't have a job and am not married, but I own my car, the car is worth about 3000- 4000, since I have mo other way for them to garnish anything from me, can they take my car?
Reply from DebtCollectionAnswers.com:
Laura,
If the medical provider or collection agency is successful in getting a judgment against you, then what they will be able to do to collect depends on what property is exempt, or safe, from creditors. You'll find more information about this topic on our page about property exemptions
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by Gale
(Massachusetts)
I am being taking to court be a law firm. They sent me a bunch of questions about the credit,card. I did not answer them and they took me to court. On every page at the end it says, this communication is from a debt collector. Do I have to answer these questions
Comments for Sued for Unpaid Credit Card Debt
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by James
(Vassar, MI)
I have recently been served with a summons and complaint for a 11 year old debt. In the last six years, this was given to a collection agency and after some verbal negotiation with them,I was making regular, $50 monthly payments on the account with no interest. In August of 2011, I left my career as a teacher, due to medical conditions. I was forced to accept a job that did not pay nearly as much. I spoke with the debt collector about putting a hold on my payments until I was financially more stable. He agreed. I recieved a regular monthly statement from them and at no time did they make a demand for immediate payment of the balance.
In the summons, the law firm representing the collection agency, claims that I owe $4195.00 and that the accrued interest on the account is $4521.94, for a total amount of $8716.94. I denied all three of these complaints on the answer form and used the affirmative defense that they had not applied my payments to the amount owed, due to the discrepancy in the amounts stated by the complaint and my current monthly statement of account I received. I also attached the statement of accounts that I have received from the collection agency for September and October of this year. Both show my balance as $2650.00 and the due date for my payment. They also offer to settle the debt for 70% of the balance.
I immediately made the monthly payment they were requesting on the statement of accounts and am hoping that it will be acceptable to the court that I begin making those payments again. Will they require me to pay the filed amount for $8716.94 or will the balance showing on my current statement be used?
Any advice is appreciated.
Reply from DebtCollectionAnswers.com:
James,
It's great that you have been so proactive about handling this debt. And it's also good to hear that you have kept information documenting what you've paid and what you believe you should owe. The fact of the matter is that many of the debts handled by debt buyers contained in accurate information. That sounds like what is happening in your case.
Most times, debtors don't even bother to respond when they are sued by collectors. If they do show up and challenge the debt it's very unusual for them to be able to prove that they have standing to collect the debt and/or that the amount is correct.
We are not attorneys so we cannot give you legal advice about how to handle this in court. However, it shouldn't cost anything to talk with a consumer law attorney who regularly represents consumers who are being sued or harrassed by debt collectors. So our first suggestion would be that you go ahead and talk with a consumer law attorney If s/he thinks you have a good case, the attorney will help you for free because the debt collector must pay the attorney's fees if it loses.
If you decide to go to court yourself, you can pull together your documentation and challenge whether the debt collector has the documentation to prove you owe what they say you owe at this time. Again however this is something we recommend you do with the help of an attorney, especially since it won't cost you anything.
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by amber
(Illinois)
I was sued 2 years ago for a motor vehicle accident, they have not garnished my wages, and I have not heard from them in a long time, Can they take my income tax return?
Comments for Sued, can they take my tax return?
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by Sheryl
(Marina Del ReyCA)
I just found out that I am being sued by my credit card company. The debt collector never told my that is what he was doing. What do I do?
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by David Bauer
(Lastrup, MN. morrison co.)
Hello,
I had an account for a motor bike in Nov. 1994 in Texas, I moved to Minnesota in 2000 and had to file bankrup in 2004 but I did not know I still owed on this old account in texas and did not list it on the bankrup.
Now today 10/8/2010 I get a call from a lawyer in Texas saying they are trying to collect this from me.
My question is can they still sued me for this after 15+ years? and can they still put it back on my credit report?
Thank you
David Bauer
dave@tccfm.com
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My husband entered into an agreement with HSBC to make installment payments for a debt. I'm not sure if the agreement was a verbal or written. My husband missed a payment. Creditor is filing suit and the court date is set for 9/22/2011. The amount of the debt is $2600.00. We are trying to come up with the total to pay before the court date if possible. Is there anything we can do before then to maybe give up more time. Creditor is requesting 3yrs of bank statements, life policies, CD's etc. The debt was my husband's debt and yet they want my information as well. Is there anything we can do? we live in the state of FLORIDA.
Comments for My husband has been sued by credit card company.
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by Lynn
(England)
I am being sued by Discover Card/Collection Agency. The reason why I say I'm being sued by both is because I'm certain the debt was sent to a collection agency but when I looked online (Maryland Judiciary Case Search)it says Discover Bank is the plaintiff.
My situation: I relocated (marriage) from Maryland to England. My folks are being harassed with phone calls and a sheriff appeared trying to serve a summons. My folks told them that I no longer lived there and they didn't have a forwarding address. I also notice online that what's listed as my residence is actually my parent's residence. I don't want to get them in trouble the case is civil and I owe $5466.00
My question is what do I do? I still haven't found a job in the UK and my hubby works part-time as it is. How should I handle this? Try and contact Discover Bank? Give them my current address? I don't want this affecting my visa.
Any help would be great!
Comments for Sued by Debt Collector/Credit Card Co. in PG County Maryland
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by doug
(allentown,pa)
A lawyer is sueing me for unpaid fees What would a judgement against me bring?
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by Linda
(NY)
Hi, I'm being sued by a debt collector. My only income is SSD and child support which I believe according to federal and state law they cannot take. I sent them a certified letter stating this as the summons required a response within 20 days. I am filing the same at court. Do you think they will still proceed on the action or dismiss it. It is for about $4,500.
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by LeeAnn
(Wetumpka, AL, US)
My father was in a car accident 3 years ago which left him blind/disabled and unable to work. He lost everything and now lives on SS and a small pension, and he has no assets. The wreck happened in July of 2007 and we started sending letters to his creditors notifying them of the circumstances and the fact the he was judgment proof.
Almost all of his creditors wrote off the debt except Chase Bank. They have hired different lawyers over the years which we have corresponded with and told them what was going on, they would say they would talk to Chase. Then I wouldn't hear anything for months to a year. Then it would start again with new attorneys.
The SOL ran out in July of this year, and we did not receive a summons until September. I responded telling the court (we live in Alabama) what I have told the attorneys over the years, that he was disabled and living off SS and has been unable to pay his debts. The 1st week in November we received the Ala-file notice of his court date, but the name had been changed. The Summons had the correct name William, and now all the info says Willie?? How can they change the info and why would they change it to the wrong name? I asked them about the SOL and they claimed they filed it in May (there is not file date on the summons).
They also informed me that they were still waiting on Chase to discuss the matter of him being judgment proof. Do I have any angles in my favor? we can't afford an attorney and I'm doing all the research myself.
Comments for Sued by Chase bank but I'm judgement proof
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by Christine
(Pueblo, CO)
If a collection agency is bugging me can I be sure I can no longer be sued by bank? Can only the original lender can sue you? So if they sell it to an agency you can wait it out?
Comments for Bank Sells My Debt to Collection Agency. Can I Be Sued?
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by Rob
(California)
I received some papers stating that a debt collector is suing me for the amount of 25k even though I have been paying them every month for the past year and a half now. I even received a letter from them this July saying that my payment agreement was approved until the debt is paid off. Now I might lose my job because of this. What should my next step be? I am thinking of counter suing them for what they are doing.
Reply from DebtCollectionAnswers.com:
Debt collectors are not required to accept whatever you can afford to pay. However, the fact that you have a written payment agreement with this collector (smart move, by the way) may change things here. We would definitely recommend you free consultation with a consumer law attorney to find out what your options are. Will you let us know what happens?
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by Jenny
(Norfolk, VA)
Well I found out I had a court date while I was on deployment and now they are trying to garnish my wages and I am still on deployment. I was not able to be present in court to defend myself. Is it legal for the creditor to garnish my wages while I am still deployed?
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by Menchie
(colorado)
you just answer my question and thanks for that. But i have another question?, you said if i stop my payment from the debt collector they will put a judgement againts me (again). what if that papers i sign is in colorado and they continue the lawsuit again but i live in now in another state. what will be happen?do i have to go to court of colorado or just on the court where i live now? thanks!
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(California)
I am being sued for a car accident I had two years ago. I was insured, but for a small amount. The other party's car was totaled and their insurance company wants $35k to replace the car. My insurance company tried to hold the payment to my policy limit ($10k) but they refused and are coming after me for the total.
I have no assets, no home, no stocks, no cash in the bank, only a used car worth about $10k. To top it off, I have been unemployed for one year.
How do I proceed? I would prefer to settle out of court. I have good credit that I don't want to be ruined. Would they settle for less, and if so, would they be willing to put me on a long term payment plan? Is this something that is typical?
I could toss it into bankruptcy, but that is a last resort.
Reply from DebtCollectionAnswers.com:
It all depends on what the other party is willing to accept. Their attorney may be pushing them to try to get more, but if you don't have anything, you don't have anything.
Our suggestion is that you meet with a bankruptcy attorney to find out for sure that you are judgment proof - it sounds like you may be. If you are, see what the bankruptcy attorney advises. If you are able to demonstrate to the other party that suing you isn't going to get them anything more, they may decide not to pursue it. But you probably need something to back up your claim that you can't pay.
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by Sheena
(Gary, IN USA)
I have been laid off for almost a year and receiving unemployment and I am being sued by a law firm in Chicago,IL for a credit card bill of $4822.82 and I live in Indiana.
Will my car or tax return be taken? Also do I have to pay any of the fees and interest if there is a judgement against me or can I ask the judge to eliminate those fees? I talked to a collection agency some months ago to try to arrangement payments but I could not afford the amount they were asking. Now a law firm has it.
I talked to someone at this law firm to arrangement payments, she agreed to payments of $20.00 or $25.00 per month, I asked for something to sign but were refused. I told both companies I was laid off but the law firm still want the court date. I sent a payment of $20.00 on 1/10/13, I was told by the law firm it would look like I am making an effort to pay. My court date is 2/7/13 still.
Reply from DebtCollectionAnswers.com:
We're sorry to hear the financial difficulties you are going through. Typically creditors can't seize your tax returns (that's not the case though if you owe certain federal debts like federal student loans) and they can't simply take your car. They have to first get a judgment against you then collect that judgment.
The methods they have available to collect that judgment, such as going after money in your bank account or trying to garnish wages, are a matter of state law.
Why don't you at least talk with a bankruptcy attorney? The attorney can explain what they can and cannot do to collect and help you weigh your options.
It may be that there is nothing they can really do to collect from you even if they get a judgment. This is what's sometimes referred to as being "judgment proof" or "collection proof." If that's the case, the attorney may be able to help you negotiate with them or suggest another course of action.
You can get a a free initial evaluation with a bankruptcy attorney and get answers to some of these questions that are no doubt keeping you up at night.
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by needing help
I am being sued by a debt collector who bought my debt from an original creditor. I have since moved out of state and I am wondering what to do and how to go about handling the issue from out of state?
Reply from DebtCollectionAnswers.com:
Please start by reading our page about what you can do it you are being sued, then if you have additional questions please use the comments link below to submit them. We aren't attorneys so we can't give legal advice, but we are happy to point you in the right direction.
We hope this will help!
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by WILLY
(FLORIDA)
WHAT DO I DO IF I AM CALLED TO APPEAR IN COURT FOR A CREDIT CARD DEBT?
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by Jeff
(Davie, Fl USA)
What is the procedure for a law firm that has had me served by the court to sue me? I have filed a written response to the court and the attorneys. What is the next step in the process so I am better prepared. This attorney debt collector has been unreasonable in negotiating a payment plan and it has come to this. What can they do?
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by Rebekah
(Glen Burnie, MD)
I have had seven 3rd party debt collectors try to collect over $800 from me since 2007. Have a merit trial 11/11 and they are the only ones that have tried to sue me and collect. I am on full disability and am very limited money wise. I lost my house to foreclosure 1/09 and lived in a shelter/abused women for 6 months. I am living in a one bedroom apartment and all of my money goes to rent, utilities and past due medical and current medical bills. Have nothing of any value any more. What can I do????
Comments for Being sued. What should I do?
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I am being sued by a debt collector. I had no knowledge of the lawsuit until I received the summons in the mail. I answered the summons, but at that time I didn't know about the affirmative defense. Later, I went to court for an administrative hearing, but the debt collector never showed up. Now I have received a judgment summary to go to court on July 5th. I am writing an affidavit to dismiss and want to include my affirmative defenses, but I don't know if it's too late to do so. I sent a letter to validate the debt and they sent me copies of statements showing I did make payments to bank of america. I did take out a loan with bank of america, but the amount the collector is asking for I do not owe. I borrowed $15,000 and paid back $10,500, but they say I owe almost $20,000. Please, what else can i do? I am unemployed and have not worked in 2 1/2 years. Can I add the affirmative defense to my affidavit to dismiss? Hope to hear from you soon.
Comments for Being sued for a debt I cannot pay
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