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What To Do If A Creditor Sues You


Have you ever heard someone tell a bully to pick on someone their own size?  Someone should say that to businesses that sue consumers for unpaid debts.  Business to consumer lawsuits have become frighteningly common in recent years.  Most of the time, the court allows these lawsuits to proceed without regard to the fact that the debts are exploitative and usurious.  Creditors sue consumers over unpaid surprise hospital bills for unaffordable services rendered for medical emergencies and for payday loans that the debtors only borrowed because they were in desperate financial circumstances.  In other words, business to consumer lawsuits are not fair, but if a creditor sues you, you have to find some way to deal with it.  The best way to do that is to contact a Plantation debt lawyer.

Don’t Ignore the Lawsuit

A lot of people who struggle with debts get into the habit of ignoring communications from debt collectors; if you know you can’t pay, then opening the envelope or answering the phone cannot make the situation better.  When it comes to business to consumer lawsuits, though, you must respond to the lawsuit.  If you don’t file a response with the court, it will enter a default judgment in favor of the plaintiff (the creditor), who can then proceed to seek a garnishment of your bank account.  By responding to the lawsuit, you are not saying that you agree to pay the debt; instead, you are acknowledging your right to disagree with it.

Ask the Creditor to Document Everything

As a plaintiff in the lawsuit, the creditor has the burden of proof of showing that you owe the debt and that the creditor still has the right to collect it.  Your role is to challenge the creditor’s claims, so the more questions you ask the better.  Ask the creditor to prove that the statute of limitations has not already expired, that you ever owed the money, and that you have not already paid.  If you can cast doubt on any aspect of the creditor’s argument, you increase the chances that the court will order you to pay less, or not order you to pay anything at all.

Get a Lawyer Involved as Soon as Possible

The sooner you contact a debt lawyer in a business to consumer lawsuit, the better your chances of getting a favorable outcome.  Once you respond to the lawsuit and show that you are willing to fight, the creditor may then show their willingness to negotiate.  If you have a debt lawyer representing you, your chances are even better of settling the debt for a lower amount than the creditor originally requested.  Your lawyer might also be able to help you consolidate your debt or file for bankruptcy protection before or during a business to consumer lawsuit.

Contact a South Florida Bankruptcy Lawyer About Dealing With Business to Consumer Lawsuits

A South Florida debt lawyer can help you if creditors are threatening to sue you or have already filed a lawsuit against you.  Contact Nowack & Olson, PLLC in Miami, Florida to discuss your case.



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