Are you facing a lawsuit? Believe it or not, someone could be suing you without you being aware of it. The law governs the way lawsuit papers are served, but it leaves room for error. If you owe a debt to a creditor and you’ve been contacted by a collection agency, there’s a chance they could be suing you in an attempt to collect on the debt.
Potentially facing a lawsuit may seem overwhelming, but knowing how to proceed is half the battle. Here are 5 things to know if someone is suing you.
- How to Know if Someone is Suing You. If someone has filed a lawsuit against you, you should have received papers, which is called being served. You may have been served papers in person, received them by certified mail, or someone else in your household may have accepted the papers. Or, you may never have received any papers informing you of your lawsuit, perhaps if you were unable to be located. Just because you aren’t aware of it, doesn’t mean there isn’t a lawsuit against you. The good news is that there are ways to find out.
- How to Check with the Clerk of Court. If you’re not sure if you’re being sued, there are ways to check. The best way is to contact the local clerk of court for the county where you reside. Call or visit the clerk of court’s office and inquire about any lawsuits in your name. The clerk of court can provide you with the following information:
- Who is suing you (the name of the plaintiff).
- The amount of the debt and any interest that has been added.
- Whether or not there is a judgement against you and how much time you have to avoid one.
- How to Avoid a Judgement. If there is not already a judgement against you, you have a limited amount of time (typically 14-20 days in Texas) to avoid a judgement by responding to the lawsuit. If you don’t have very long, you can file a reply with the court immediately to avoid a judgement. If you have some time left, you may want to consider negotiating a settlement with the plaintiff. Sometimes an agreement can be reached to avoid the lawsuit altogether.
- What to Do if there is a Default Judgement Against You. In cases where you don’t respond to the lawsuit by the deadline, a default judgment may be issued against you. If you were never served with papers, you can file a motion to set aside the judgment. Even if someone else accepted the papers at your residence but never gave them to you, you can still file a motion.
- When to Call a Lawyer. However you discover that someone is suing you, it is best to call a lawyer right away. A debt defense lawyer can help you every step of the way from the moment you receive notice of your lawsuit. Here are the services a lawyer can provide in a debt defense case:
- Help you file your reply to the lawsuit with the court to avoid a judgement.
- Help you file a motion to set aside a default judgement if you were never served papers.
- Negotiate a settlement with the plaintiff in order to avoid a lawsuit in court.
- Formulate a defense for you if your case does go to court.
- Help you file for bankruptcy if that is your best option.
Someone is Suing Me, Who Should I Call?
If you’re facing a debt lawsuit, contact Benjamin Trotter, Attorney at Law, P.C. We provide debt lawsuit defense in San Antonio, TX and the surrounding area. We have extensive experience with debt lawsuits and know what to do to help you pay as little as possible toward your debt. You have a limited time to file a reply in order to avoid a judgement, so don’t wait.
Call us now at (210) 468-1008 to schedule a consultation or request an appointment. We look forward to defending you against deceptive creditors and collection agencies.
