Bankruptcy – We Wrote the Book on It By Ronald C. Sykstus and the Bond and Botes Team of Lawyers
Excerpt from Chapter 13 – “What Should I Do If I Am Sued? How to Defend a Lawsuit and the Potential Consequences If You Do Not”:
What Can I Do If I Am Being Sued by a Creditor or Debt Collector?
By Attorney Ronald C. Sykstus
If you receive a summons stating that you have been sued by a debt
collector or creditor, do not ignore it! You have a right to request a trial
and to demand that the plaintiff (the entity bringing the lawsuit) prove
its case in court. If you do not timely file an answer to a lawsuit, then
you will automatically lose under what is called a default judgment.
The plaintiff will then be able to proceed with collections against you
on the default judgment that it received. You must file an answer on
time with the court where the lawsuit is pending and also mail a copy
of your answer to the plaintiff. Failure to timely file an answer with the
court will result in a default judgment against you! Below is a sample of
what an answer should look like. If your answer is anything other than
a denial of the complaint, you will lose automatically.