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What to do if your creditor files a lawsuit against you



If your creditor has filed a lawsuit against you, then you are required to respond. You should also attend the court hearing with all the relevant documents. If you ignore the summons, then you can get into deep trouble because the court may issue a default judgment against you. The court may even issue wage garnishment order.

If you don't want to get into the legal hassles, then you should contact your creditors and negotiate an alternative repayment plan with them. Once you start paying on a new agreement,your creditors will dismiss the case. However, you should ask your creditors to update your account status as "Paid in Full" or "Paid as Settled" on your credit report.



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Anonymous
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Sub: #1 What to do if your creditor files a lawsuit against you
Replied on 06-07-2006, 05:37 PM
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anyone know what happens when a creditor takes you to court? they are sueing myself and my husband and my husband can't be there because of work and on the papers we received it just says to show up otherwise a judgment could be granted. also i'm not disputing i owe this money. its just i just recently got my money to t&c and they are in the process of getting it to them. and i was wondering do they automatically garnish your wages and if so do they both of our wages or just one.? any help would greatly be appreciated. Thanks

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Send message to olive1276
Sub: #2 What to do if your creditor takes you to court
Replied on 06-07-2006, 05:38 PM
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sorry its me olive. that post was from me i just forgot to sign in.

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Send message to Not so Lucky
Sub: #3
Replied on 06-07-2006, 06:25 PM
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Which company is taking you to court? You have 20 days from the court date to file a response. Do not ignore the summons. Take proof that you ahve retained the services of T&C. Contact T&C and see if the company has accepted the proposal. Jessica at T&C helped me when HSBC sued me.

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Send message to quietsound
Sub: #4
Replied on 06-07-2006, 06:26 PM
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When is your court date and what creditor is it? ARe you with a settlement company?

You received a warrant in debt? If you read that it says it's not necessary to show up but a judgment can be placed on you. What that means is that it's official that they are owed the money, that's it.

Now they can take that judgement to garnish court but that's another hearing. they just don't automatically go ahead and pull your money out.

Most of the time they want to settle this before you get to court.

Did you try to get them to lower the amount due? Anyway, once they get your money they dismiss the charge and you don't have to go to court. Just make sure that if they accept a certain amount of money that is lower than what is owed that you get this in writing that what your paying is for full settlement of the account which is paid in full.

I know all this stuff cause i'm going through it right now. get back to me with the answers to these questions and i'll try to help.

**I am not a lawyer and this is only to be taken as advice.

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Sub: #5 court procedures
Replied on 06-07-2006, 06:46 PM
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the paperwork is dated may 24th. i received the papers last fri. june 2nd. and i go to court next tues june 13th. its universal lenders. they did accept the proposal from t&c but they said since it took me so long to get a payment to them that they have a right to sue me i guess. also in my papers they have a right to cure paperwork saying they sent to me in april but i never received those. jessica called them and they told her the paperwork is out of there office and couldn't give her any details. i just received a summons saying there sueing us. and to appear at this hearing. i am going. but what if my husband can't because at his place of employment they have a point system. and yes its his fault his are up there. but he cant miss work or he'll lose his job. how do i go about responding? you said i have 20 days from the court date. court date is 6/13. please help

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Send message to olive1276
Sub: #6 court procedures
Replied on 06-07-2006, 06:48 PM
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sorry that was me again forgetting to sign in.

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Send message to Not so Lucky
Sub: #7
Replied on 06-07-2006, 07:00 PM
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First of all, who is Universal Lenders? Secondly, if the summons states you both have to appear, I think you both have to appear. COntact the court clerk and inquire about your husband appearing. That is only 13 days. Something isn't sounding right. Like I said earlier, contact the court clerk first thing in the morning and inquire about this.

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Sub: #8
Replied on 10-11-2010, 08:30 AM
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A creditor has sent papers to me saying i have 20 days to send a letter to the court as to why i stopped paying my bill. I am 70 and my husband is 80 and with all the medical bills and pills i couldn't pay my electric bill, I was 2 months behind and they where going to turn off my electric so i had to stop paying that bill. The creditor says there going to freeze our social security and retirement. I cant afford a lawyer. what should i put in this letter?

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Sub: #9
Replied on 02-17-2011, 03:49 PM
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They cannot touch your Social Security or Pension. Contact the FTC and file a complaint. Send the creditor a letter informing that you are doing so based on their illegal business practices and tell them in the letter not to call you again. Send it certified mail, return receipt and keep a copy. If they call you again, tell them that the call is being recorded, tell them that you don't discuss these matters over the phone, only in writing, and then hang up.

Sub: #10
Replied on 01-15-2012, 08:06 PM
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First thing you should do is get a lawyer. He can help you with all the legal stuff. I know it may cost even more money but you need one. Secondly be positive and get your finances straightened out. Cut down the expenses and show you are of good will. My friend lenen was sued at one time and he was able to come to an agreement because he showed good will. He eventually was able to pay off everything.




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