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.
- 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.
- 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.
- 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.
- 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.
- 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.