Responding to a Summons
Consumer litigation can be frightening and overwhelming. Turnbull Law Group SC is here to help. When a debt collector decides to litigate, you should receive a summons, which is an official court document that must be served according to your state’s laws. The summons will outline your responsibilities and how to address them. You will need to act quickly: Once you receive the summons, the case will move forward without delay. Having an experienced attorney on your side can help you protect your rights.
Participating in the proceedings is the best way to ensure your rights are well-represented. The number of proceedings will depend on where you live and your case.
Consumer Litigation Defense
Statute of Limitations
In most states, creditors and debt buyers have from four to six years from the final payment to file a lawsuit. A creditor that files beyond this period is violating the Fair Debt Collection Practices Act.
The law outlines how creditors must serve debtors with complaints and summons. If they fail to notify you of an impending case or to serve you, you can fight any automatic default judgment they won and can apply to the court to have the judgment vacated.
Lack of Standing
Creditors must have documentation demonstrating that you owe the money.
Failure to Credit Payment
Creditors must properly credit accounts for every payment made.
Defend, Negotiate or Settle?
Once you receive a summons, you have several options. You can acknowledge that you owe the money, and if you have no defense, the judge will likely issue a summary judgment. You will have to pay the debt.
Our attorney can argue to have your case dismissed, especially if the creditor lacks documentation or other evidence. We can also mount a defense to the creditor’s claims. A trial date will be set, and you will have the opportunity to present your case.
The final option is settling. Settling is often in the best interest of both creditors and consumers, which might be why it’s one of the most common outcomes of consumer litigation. When settling, our attorney will negotiate the best terms to meet your needs.
Getting the Help You Need
Creditors can initiate consumer litigation cases over virtually any type of debt, including credit cards, payday loans, medical bills and auto bills. You don’t have to face such litigation alone. If you are being sued by one or more creditors, the attorneys at Turnbull Law Group SC can help you answer the claims, find the best defenses or negotiate a settlement, and move forward in your life. In some cases, we might even be able to file a countersuit.
We can help you get a fresh financial start and move beyond the fear of consumer litigation. Contact Turnbull Law Group SC today to learn more or to schedule a consultation with a member of our team.