Nobody wants to be served with a lawsuit. It can feel overwhelming and you may be tempted to simply ignore it. However, this is the worst thing you can do! Even if you are certain you owe the debt claimed and you are unable to pay it, there are still certain actions you can take to deal with a collection lawsuit.
Once you have been served with a collection lawsuit, you should ask the creditor to validate the debt. A consumer has the right to verify the ability of the creditor to collect the debt. Debt validation allows you to review the information the creditor has supporting the debt. This includes your name, Social Security number and address that appear on the application for the credit card. It also allows you to obtain information regarding when the account was opened, date of the last payment, and the total amount due on the account. If the creditor or debt collector fails to provide you with debt validation, it can be a significant benefit to you in court.
You should also check the statute of limitations to determine if the creditor still has the right to collect the debt. If the applicable statute of limitations has expired, you may be able to get the lawsuit dismissed. It is common for debt collectors to disregard time limitations because many consumers are not aware that a debt can expire or they don’t check them to verify that the debt is still collectible.
If you need assistance with a collection lawsuit, contact us as quickly as possible. We can review the information provided by the collector to determine if it is accurate and if the debt is time-barred. We can also help you file an answer with the court to prevent a default judgment being entered against you. If you are feeling overwhelmed by your debt, we can discuss how a Chapter or Chapter 13 bankruptcy filing can benefit you. As soon as you file a bankruptcy case, all lawsuits pending against you come to a halt. Don’t face this alone – contact us today!
Contact the “Milwaukee Bankruptcy Attorneys,” DeLadurantey Law Office, LLC. DeLadurantey Law Office focuses on student loan debt, Chapter 7 and 13 bankruptcy, debtor’s rights, debt negotiations, debt relief, mortgage loan modifications, and foreclosure defense. A “defender of the little guy, “DeLadurantey Law Office serves the following location – Milwaukee, South Milwaukee, West Milwaukee, Waukesha City, Waukesha Town, Kenosha, Racine, and all other municipalities in Milwaukee County, Waukesha County, Kenosha County, and Racine County. We can be contacted by phone: (414) 377-0518 and can be found on the Internet and on Facebook.