If you are served with a Summons and Complaint by a creditor or debt collector, the worst thing you can do is to ignore the lawsuit in the hopes that it will go away. It won’t. Even if you know you owe the debt on which you are being sued but cannot pay the debt at this time, the situation will have a much better outcome if you are proactive. However, in order to be proactive, it is important that you understand the protections given to you under the law.
For many people, being sued on a debt is a very stressful situation. They imagine having to ”go to court” and talk to a judge about their personal finances, a humiliating prospect, at best. But, in reality, being sued just means the debt collector or creditor has made claims against you, and as long as you answer the complaint in the time allowed, the debt collector will have to prove their case against you. There will be no garnishment, and your car or your house cannot be seized without a judgment. However, if you ignore the lawsuit, the creditor or debt collector can get a default judgment against you EVEN IF THE DEBT IS INVALID!!
In addition, many of these types of lawsuits are filed by debt buyers who are trying to collect on an old debt. You might not owe the debt, but even if you do, the debt buyer may be violating the law in suing you.
If you have been sued by a debt collector or creditor, do not delay as every day that passes is another step closer to losing your rights under the law. Contact the Denver Consumer Rights Law Office of Kristen Allard Shier for a free initial consultation to discuss your rights under the law.