16
August
2012
Answer a credit card lawsuit without panicking

The vast majority of people, those who are not aware of the basic civil laws, get instantly nervous if they are served with a lawsuit. Read on to know how to answer a civil lawsuit without losing your nerves.

Don’t panic

Most of the crowd will freak out if served with a credit card lawsuit. You needn’t worry if served with thus as in a credit card default case a civil lawsuit is filed, which means that you haven’t to go to jail and moreover, you are not in any mess in any criminal context.

Plan carefully your steps

When pushed with a lawsuit due to default, most of the times you are left with just two options – compete the suit or file bankruptcy. However, there is another option – doing nothing. This is perhaps the weirdest option. If you sit idle, they will receive a judgment against you for sure. If you are unable to pay the lawsuit, you got to file for bankruptcy to get relief. Consult a bankruptcy lawyer and see if you can file. If not, you should still answer the lawsuit. Most of the times, if you simply file an answer, you’ll win the lawsuit.

File an Answer

Ignoring the lawsuit will simply make situations worse. The creditor will get a default judgment, which will allow them to garnish your wages, put a lien on your house, mess up your credit report, and lastly make your life hell. So it is always wise to answer a lawsuit. Always keep in mind that you have nothing to lose. Prepare a one-page answer with your case number and the name of the case and state that you deny all the allegations made by the petitioner. Visit the court where you were sued, and file your answer with the clerk’s office.

Wait for a communication

The court may schedule a trial date, which is a good sign. In most occasions, the credit card companies dismiss the cases, file a non-suit (cancel the case), or step back by some other means before the trial date. Sometimes, they even do this a day before the scheduled date of trial. However, if you end up having to go for the trial, and in the worst possible case without an attorney, tell the judge that the creditor doesn’t have sufficient proof to establish that you owe the debt. However, if you still lose, you’d have a satisfaction that you at least fought.

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