Top 5 things not to do if you’ve been sued by a creditor

If you’ve been sued for unpaid debt, it’s easy to go into denial mode and ignore it. If you’ve been reading my blog, you know that denial is never a good solution. However, there are at least 5 actions you should not take if you’ve been sued by a creditor.

  1. Don’t ignore. I meet with so many clients who will say things like, “well, according to google, I can just ignore it” or “the summons was just left on my doorstep so I thought it was safe to ignore because I was not properly served.” We’ll leave my thoughts on “googling” your problems alone for now. However, I will say that there is lots of false information on Google! Please do yourself a favor and call an attorney.


  2. Don’t call the creditor’s attorney. I know. You’re probably thinking, if I can just explain my situation to the creditor’s attorney, he will understand and drop the case. WRONG! Creditors are after one thing - money. And believe me when I say this, they will take the clothes off your back or food out of your child’s hands given a chance. They are in it to make money. They don’t care if you’ve never missed a payment for the last 5 years, or that you’ve lost your job. They will do everything to get money out of you.


  3. Don’t answer the complaint without assistance of an attorney. This is another common mistake I see all the time. Clients file their own answer to the complaint. First, you may be making admissions inadvertently which may be used against you. Like on Law & Order - “anything you say can and will be used against you.” I met with a client recently who told me he admitted to owing the debt in the answer but went on to plead his case to the judge. I know it may seem heartless, but the judge, nor the creditor or its attorney cares what kind of dire financial situation you’re in.


  4. Don’t think you can show up and “pitch” your story to the judge. Again, related to #2 and #3. Until there is a trial, which won’t happen until discovery has been concluded, the judge is not going to hear your story.


  5. Do not make payments. You probably mean well and might think that if you make a payment, you can stall the lawsuit. Unless you pay the demand amount in full, the lawsuit will most likely continue. Paying them “good faith” or “token” payment of $100 just isn’t going to do you any good, so save your money and use it towards your attorney instead.


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