3 Steps To Respond to a Debt Collection Lawsuit Without a Lawyer
HTML-код
- Опубликовано: 21 июл 2024
- 0:00 Intro
0:26 Step 1: Read the summons and complaint.
1:00 Step 2: Fill out a court-provided answer form or draft your own.
1:58 Step 3: File the form with the court
2:30 Mail a copy of the answer form to the plaintiff
2:52 Why it’s important to respond to the lawsuit.
3:12 What happens if you don’t respond to the lawsuit
3:30 Where to get help if you need it
OTHER USEFUL VIDEOS IN THIS SERIES
📹 • How To Read and Unders...
📹 • Understanding Debt Law...
📹 • What Happens if You Do...
ADDITIONAL RESOURCES
✨To see if you’re eligible for free help from Upsolve, check out upsolve.org/✨
Upsolve is the internet's leading nonprofit source of financial literacy education. Nearly 3 million Americans visit Upsolve.org each year. Our services are 100% free. Here’s how we do it: bit.ly/howitsfree
👀 Looking for legal help? Check out www.lawhelp.org/
🌐 For more information on how to answer a court summons without a lawyer, visit: bit.ly/respondtosummons
--------------------------------------------------------------------------------------------------------------------
Key Takeaways:
Most people who get sued for credit card debt, medical debt, or any other kind of debt, don’t realize they can respond to the lawsuit without hiring an attorney to help. It’s usually as simple as filling out and mailing some paperwork.
Here are the three steps:
Step 1: Read the summons and complaint.
The summons and complaint are official court documents. Usually, someone will serve you with these documents in person or leave them with an adult at your home. In some cases, the debt collector can mail them to you.
The summons notifies you that you’re being sued and gives you a deadline for responding. The complaint explains who is suing you, why they’re suing you, and how much they’re suing you for.
We do a deep dive into these documents in our video on How To Read and Understand Court Papers ( • How To Read and Unders... ) so check that out to learn more about this step.
Step 2: Fill out a court-provided answer form or draft your own.
The form you use to respond to a debt lawsuit is called an answer form. It’s where you respond to the claims made against you in the complaint by telling the judge you agree, disagree, or don't have enough information.
It’s also where you get to explain any defenses you have. Understanding defenses can be one of the trickiest parts of filling out an answer form. We can't tell you what defenses apply to you, we did make a video to explain the most common defenses in debt lawsuits. Check out our video to learn more.
Luckily, many courts provide blank answer forms you can either download and print from their website or pick up in person at the court. Check your court’s website or call the court clerk if you need help finding this form.
You’ll also want to check to see if your court has any other required forms you need to fill out and submit for debt collection lawsuits.
Step 3: File the form.
Before you file your answer form with the court, make at least two copies. File the original answer form with the court, mail a copy to the person or company suing you, and keep one copy for your records.
To file your answer, you usually mail it to the courthouse or submit it to the court clerk in person. Some courts allow you to e-mail or e-file your form… you need to check your local court rules to see what’s allowed. Some courts explain your filing options in the summons, so it can be helpful to check that first.
After you file with the court, you need to give the plaintiff - the person suing you - a copy of your answer form. You can usually send this via mail. It’s a good idea to send it as certified mail so you have proof that it was delivered.
You can find the plaintiff’s name and address on the summons or complaint.
Sending your answer form to the plaintiff isn't just a procedural step; it's a powerful statement. It tells the debt collector that you're ready to defend yourself. This move alone can sometimes persuade them to back off. Most debt collectors don’t want to spend the time and money it takes to fight a court battle.
They’re hoping you don’t respond so they can win without putting up a fight. If you don’t respond to the lawsuit, it won’t won’t just go away. In fact, it almost guarantees the debt collector a win. And if the debt collector wins they can get a court order to garnish your wages or freeze your bank account.
The good news is that most people can fight back without hiring a lawyer by following the three steps in this video.
Good stuff
Helpful info… I’ve had success derailing lawsuits by responding to process servers when they ask my name by saying, “I’m the Agent for the principal.” …literally a more truthful response than embodying the ALL CAPS NAME legal fiction (a dead entity “person”) that is actually the “person” being sued. I’ve seen judges decline default judgments because the defendant wasn’t properly served.
@VaughnThompson1
Thanks for sharing your experience and insights! We're glad you found the video helpful
I just got a summons yesterday but I didn't get the complaint. What do I do?
Hi @TexasMike713 - If you got a summons without the complaint, contact the court where the lawsuit was filed (this info should be on the summons) and request a copy/ask what's up. They should be able to give you some info or guidance. Good luck!
I got sued and it's not my name and I wasn't even summoned
@daniellemarie7471 I'm sorry to hear you're dealing with this situation. If the lawsuit is not in your name and you were never summoned, it sounds like there might be a mistake. Here are a few steps you can take:
Contact the Court: Reach out to the court where the lawsuit was filed. Explain the situation and provide any documents that show the lawsuit is not in your name.
Notify the Plaintiff: Inform the party who filed the lawsuit that there is an error. They may need to correct their records.
Check Your Credit Report: Make sure there are no inaccuracies that could be related to this lawsuit.
I hope this helps!
Answering the lawsuit on a designated date is not the only step you need to do.They are not telling you that.They are only partially right but if you did not do the missing step you are in the same boat as if you did not respond.Learn more
Thanks for your input! This video covers what we’ve identified as key steps, but everyone's situation can be unique. If there are specific steps you believe should be highlighted, please let us know!
How can you file a counter lawsuit for all the harassment and time off work..etc. responding to these bottom feeders on society?
So sorry you've had to deal with harassment. We understand how frustrating and stressful dealing with debt collectors can be.
You can file a counter lawsuit for harassment if the debt collectors have violated the Fair Debt Collection Practices Act (FDCPA). For more information on this, you can check out this article on FDCPA violations: upsolve.org/learn/fdcpa-violations/
While you can countersue, it's often best to get a lawyer since it can be complicated. Best of luck, and thanks again for engaging with the video!
Of course .....you could lose the lawsuit ....and leave the plaintiff with a Pyric victory . If you don't own an auto , rent your apt ,. are on Social Security , and your bank account only contains the proceeds from your social security ......placed there through direct deposit . you leave the plaintiff with a win ......and nothing else .
Thanks for the comment, Jimmy.
While it might seem tempting to ignore a lawsuit if you believe you are judgment proof, ( upsolve.org/learn/mean-judgment-proof/ it's generally not advisable. If the plaintiff get default judgment against you, it can complicate your situation further and might open the door to future legal or financial problems. It’s always best to respond and engage with the process, even if your assets are currently protected.
@@Upsolve If you are in gov't pension your bank account is protected!!!Stop giving wrong info to us,
@@ivieflynch88 You're right that government funds like social security are protected. Our aim is to highlight that engaging with the legal process is important since some creditors, unfortunately, might still pursue action. Thanks for pointing this out!