Debt Collection Lawsuit Process

Filing a lawsuit is the most effective way that a creditor or debt collector can collect a debt. If you do not respond when a lawsuit is filed against you, you may be subjected to a judgment against you and if this happens, the debt collector does not have to make a deal with you to settle the debt. There are a few different ways that a debt collector can satisfy the judgment, including wage garnishment, having a lien put on your personal property or taking funds from your savings/checking account. If you do not pay your judgment, it will continue collecting interest at the specified interest rate that your state has.

If you are being sued, you need to read the summons and determine if there is a judgment against you. The summons will provide you with information as to what you need to do and what your timeframe is to complete everything. It would be in your best interest to seek the legal counsel of an experienced debt collections attorney at The Consumer Advocacy Center. We will let you know what your legal options are and will help you avoid a judgment if at all possible.

An attorney who files a lawsuit is considered to be a debt collector by law. Because of this, they are required to follow the rules of the Fair Debt Collection Practices Act (FDCPA). This includes:

• Being clear during every communication that they are a debt collector and that any information that is gathered will be utilized for debt settlement purposes
• Ceasing all attempts to collect a debt from you if you seek the validation until they have been able to provide verification
• Providing you with written correspondence to your home within 5 days of their first communication. This written notice needs to identify who they are, who they are collecting the debt for and how much debt is owed. They also need to inform you of your right to dispute the debt

Attorneys who are acting as a debt collector are not allowed to violate FDCPA and are not able to use their position to mislead you in any way or make any misrepresentations to you. If you believe that you have suffered from your rights being violated by a debt collector, please reach out to us so we can get you in contact with a proficient attorney.