21
February
2012

When you are in debt, you should think logically and prepare accordingly to get out of debt. These days, many myths surround debt. You should never pay heed to them, as they’d further take you down to debt. Below are 10 myths surrounding debt lawsuit. Read them to know if you are dealing with any.

Myth 1: I will lose the lawsuit if I owe the debt.

Truth: Not necessarily, as the creditor has to prove it before the court. If the creditor fails to prove that you owe the debt, you win.

Myth 2: You can’t be sued for a credit card debt in Texas.

Truth: You could be sued. About 80% of the lawsuits filed in County and Justice Courts of Texas are mostly for unpaid credit card bills.

Myth 3: I have to show up in the court on the “Answer Date”.

Truth: You needn’t as ‘Answer Date’ is the last date to file an answer and not a hearing date.

Myth 4: I should state to the judge why I didn’t pay the debt off.

Truth: This would be the worst possible thing you could do. By doing this, you’d just let the judge know that you acquired the debt, making things far easier for the creditor to win the case.

Myth 5: I’m entitled to a trial.

Truth: Probably yes, perhaps not! The creditor can win the case in two different ways even without engaging in a trial. 1) By getting a default judgment in case if you don’t file an answer. 2) By getting a summary judgment, if you don’t handle the summary requests properly.

Myth 6: The creditor needs to personally serve me the papers to take the lawsuit ahead.

Truth: Your creditor has no such obligation. Your creditor can just tape the papers to your door. Or, serve a third party at your home. They can even just publish a notice in a legal newspaper or magazine.

Myth 7: I needn’t worry about if I never heard of the company suing me.

Truth: Debt buyers often purchase defaulted debts and file lawsuits in order to collect the actual amount, interest, court costs and other legal fees. So be wary, as this is absolutely legal.

Myth 8: The creditor’s attorney will help me

Truth: Would he get paid for that? The creditor’s attorney will work with you just to help you lose the case, a judgment entered against you, and you pay back the money. You need to hire an attorney to help you with the case.

Myth 9: The judge will help me out in court.

Truth: No, that’s is not his job. He is just there to determine, based on the evidence, whether or not you owe the debt. If you owe the debt, the judge will give the creditor a judgment against you.

Myth 10: The judge will set up a repayment plan for me.

Truth: No! This is also not the judge’s job. Arranging repayment plans completely depend upon you.

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