Getting sued is never part of anyone’s plan in life. After all, receiving a knock at the door and being handed a summons and complaint can feel both humiliating and heartbreaking. But, how can you avoid it? You had some debt, fell on some hard times, and struggled to pay it. Now the creditors are threatening to file a lawsuit — and you don’t know where to turn or what your rights are.
The best thing you can do is take steps to keep the lawsuit from ever making it to the courthouse. Here’s how to stop someone from suing you.
Understand the Statute of Limitations
Creditors only have so many years to file a lawsuit – and this is most generally based on your last payment. Currently in Texas, the statute of limitations is four years. Anytime after this date, they can no longer file a lawsuit against you. It should be noted that the statute of limitations will vary from state to state, some as little as 3 years or as many as 10.
Having an understanding of the statute of limitations helps you know if the collector who keeps threatening to file a lawsuit actually will (or can) or if it is just a ploy to get you to pay.
Negotiate a Settlement
Creditors want to get paid. If they can’t get your attention with phone calls and letters, the next step is usually to file a lawsuit. To keep things from ever reaching this stage, consider negotiating a settlement.
You may be lucky to only have to pay a percentage of the debt with promises from the creditor that it will be settled for good once you do. They get their money and you avoid a lawsuit. While it may sound like the perfect ending – and it very well could be – you never want to make a payment on a deal without having a written contract stating the terms of the settlement. Be sure to follow the contract exactly or else you may find it null and void.
Hire an Attorney
You may feel that hiring an attorney is an additional expense that you don’t want right now. But, creditors have a bad reputation for taking advantage of those they see as vulnerable – such as those without legal representation. And investing in that attorney can very well mean the difference between getting sued – and not getting sued.
Those who have experience practicing the area of debt collection defense have the skills and knowledge to handle negotiations, making sure you are getting the best deal and the fairest treatment. They also know what to look for to make sure that the debt is valid and that the creditor trying to sue you has legal right to do so – along with the supporting documents to prove their case. Without these things, there is no lawsuit – and you have the upper hand in the negotiations. And, well, that’s always a good sign.
Avoid a Lawsuit with Debt Legal Defense
Avoiding a lawsuit means you also get to avoid additional court costs, attorney fees, potential judgments, and more. With Debt Legal Defense you can feel confident that steps will be taken to keep your debt out of court.
If you are trying to find out how to stop someone from suing you, call Debt Legal Defense today to halt the legal process from moving any further.