1. The first thing to do is to take it SERIOUSLY. Don't treat it like one of the usual calls or letters you get from collection agencies regarding a past credit card bill, etc. It's very important that you give this your immediate attention. The consequences of a lawsuit can be devastating. Since a lawyer is now involved there may be deadlines that have been set into place that you may not even be aware of.
You may have to file a written answer within a certain period of time or you may have a limited amount of time to file any counter-claims. The first rule of being sued is to treat it with urgency and importance. If you don’t, you will most likely have to live with the consequences and regret it for a very long time. This is a mistake that I, myself, have made in the past and it was a long battle for me to correct that mistake.
2. The second thing you need to do is make a decision. Basically is this your debt or not? If it is your debt, then you should really consider paying it, coming up with some form of agreement or trying to fight them in court on the basis that they may not even have the appropriate evidence to prove the debt is yours. If it's not your debt, then a very different course of action is necessary.
If you recognize the debt as legitimately being yours and the amount of debt to be correct, then I would suggest trying to pay it. If you can pay it in full, then the faster the better. If you have any doubts to the amount of debt, statute of limitations, etc, and you have the time to do fight, then you need to start doing research here and now. We are always available to assist you. If the debt is legit and you can't pay it in full, then you should call the attorney who is suing you to try and come up with payments options. When you talk to them:
Be polite at all costs. Don’t create personal animosity between you and the attorney. It’s just business for the attorney. Don’t change that.
Explain your situation. Tell the lawyer exactly why you can’t pay the debt in full. Tell him about your employment situation, your assets, your obligations, the more information the better.
Document your situation. If there are any documents which back up your reason for not being able to pay in full immediately, offer to fax them to the attorney(unemployment documents, etc).
NOTE: Do not offer up any information or documents reguarding the debt itself! You do not want to help them prove their case against you.
Talk in terms of solutions. Don’t just say, "I can’t pay." Offer the attorney a method for satisfying the debt. An example would be a very low payment made on a weekly basis instead of a monthly basis (to demonstrate your commitment) coupled with a time line for increased payments as your situation improves. Offer to put the plan in writing. Of course, only offer what you can do and what you intend to actually follow through with. Do not send in any payment until the lawyer has returned a signed copy of your offer. You need to keep that on file for your records. Also do not give out any bank account information or credit card information! I would suggest sending in a money order every week and keeping the receipts. This will ensure your banking information will be kept private (routing numbers, etc.).
Give the attorney something to take back to his client. An attorney has a boss–his client. If he goes back to his client empty handed, he looks bad. Give him something he can show the client to prove that he is doing his job. The documentation of your situation, a signed payment plan, etc. are examples of items which allow an attorney to demonstrate to his client that progress is being made.
Stay in communication. If you can’t make a payment on a payment plan, call the lawyer. Don’t just let the date for payment come and go. Periodically ask the lawyer to verify your balance in writing. Update the lawyer on good and bad changes in your circumstances. This type of communication protects both you and the lawyer.
If Debt Is Not Yours:
Fight the lawsuit. If you can afford it, hire an attorney. And don’t make the decision that you can’t afford an attorney until you have at the very least talked to some attorneys. Get some recommendation for an attorney, don’t just pick a name out of the phone book. Talk to your friends who have used attorneys, get attorneys you know or call to make recommendations or search the internet.
If you truly can’t afford an attorney, you can represent yourself (Pro Se). You have to do alot of research in this area. I, myself, couldn't afford an attorney and I had a lot of sleepless nights trying to read up on rules of the court in my state, reading over the lawsuit for discrepencies, etc. If you do represent yourself;
Know where you stand. You will be operating in a completely foreign environment on the home court of your opponent. The attorney suing has spent years being educated in the law and has years of practical on the job experience. Research, research, research.
FDCPA is not a golden shield. Many consumers mistakenly believe the Federal Fair Debt Collection Practices Act is a golden shield that will protect them. The FDCPA has it’s role and place and if the debt collection lawyer is acting outside the law, it is applicable. However, if you are facing a legitimate and ethically debt collection lawyer, the FDCPA is virtually useless as a defense and totally useless as a weapon.
Get help. Get help from wherever you can. There are tons of message boards out there dedicated to helping others in these situations. At the very least, search the internet and educate yourself. If you need our help, just contact us and we will try to help as much as we can.
Know dates. Dates and deadlines are crucial in a lawsuit. Once a deadline passes, it is past. A judge will not take pity on you or be more lenient because you are representing yourself. If you aren’t sure about a deadline or a date, ASK.
Learn the rules. Courts operate on the basis of rules, particularly Rules of Civil Procedure (how things are done) and Rules of Evidence (what a judge can see and hear). Get a copy of the rules that apply in the court that you have been sued in and learn them. If you don’t understand them, get help.
We ultimately want you to understand that being sued is serious and stressful, but is not the end of the world. If you chose to ignore the lawsuit, it will cause you credit and possibly financial problems later down the road.
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