A common question we get is “What to do if you have been served with a collection lawsuit?” This article will help provide guidance because you only have a short time to prepare and file two court pleadings with the court and with the party who started the lawsuit.
Receiving a collection lawsuit can be an overwhelming experience. The prospect of facing legal action, coupled with the stress of dealing with debt, can be intimidating. However, it’s important to remember that you have rights in this situation. If you have been served with a collection lawsuit, you only have 20 days to prepare and file two court pleadings: A Notice of Appearance and An Answer. Failure to respond within this timeframe could result in a default judgment against you. In this article, we’ll explain what these documents entail and how you can protect your rights in court.
What is a Notice of Appearance?
A Notice of Appearance is a legal document that you file with the court to indicate that you intend to participate in the lawsuit. By filing a Notice of Appearance, you are informing the court and the plaintiff that you have received the lawsuit and that you plan to defend yourself. It’s important to note that a Notice of Appearance does not constitute a defense to the lawsuit. It’s simply a formal notification to the court that you have received the lawsuit and intend to participate.
What is an Answer?
An Answer is a formal response to the allegations made in the complaint. The complaint is the document that the plaintiff files with the court to initiate the lawsuit. An Answer is your opportunity to respond to each of the allegations made against you in the complaint. It’s important to respond to each allegation, even if you believe it to be untrue. Failure to respond to an allegation could be deemed an admission of guilt.
What should I include in my Answer?
Your Answer should include a response to each of the allegations made in the complaint. You should either admit, deny, or state that you don’t have enough information to admit or deny each allegation. Additionally, you should include any affirmative defenses that you may have. An affirmative defense is a legal argument that, if proven, would prevent the plaintiff from being able to recover the debt. Examples of affirmative defenses include the statute of limitations, the debt being paid in full, or the debt being the result of identity theft.
How do I file these documents?
Both the Notice of Appearance and the Answer must be filed with the court within 20 days of being served with the lawsuit AND served on the party (and their attorney) who filed the lawsuit against you. It’s important to make sure that you file these documents on time to avoid a default judgment. You can file these documents either in person or by mail. If you choose to file by mail, make sure that you send the documents via certified mail with a return receipt requested. This will provide you with proof that the documents were received by the court.
The best way is to hand-deliver the court pleadings to the court and get you copy stamped received. The same thing with serving on the plaintiff and their attorney; however, most attorney acknowledge receipt and delivery by email and fax.
FAQs:
Q. What happens if I don’t file these documents on time?
A. If you don’t file a Notice of Appearance and an Answer within the 20-day timeframe, the plaintiff may seek a default judgment against you. A default judgment means that the court will automatically find in favor of the plaintiff and you will be responsible for paying the debt.
Q. What if I can’t afford an attorney?
A. You have the right to represent yourself in court, but it’s important to remember that the legal system can be complex. If you’re not comfortable representing yourself, you may be able to seek assistance from a legal aid organization or pro bono attorney.
Q. What if I don’t believe I owe the debt?
A. If you believe that you don’t owe the debt, you should still file a Notice of Appearance and an Answer. You can deny the allegations that you owe the debt. You should also gather up any and all evidence to support your defense i.e. payment receipts, notices for the creditor cancelling the debt, settlement agreements with the creditor and so on.
Conclusion:
Receiving a collection lawsuit can be a daunting experience, but it’s important to remember that you have rights in this situation. If you have been served with a collection lawsuit, you only have 20 days to prepare and file two court pleadings: A Notice of Appearance and An Answer. These documents are critical in protecting your rights and defending yourself in court.
By filing a Notice of Appearance, you are informing the court that you intend to participate in the lawsuit. This is a critical step because failure to respond within the 20-day timeframe could result in a default judgment against you. An Answer is your formal response to the allegations made against you in the complaint. It’s important to respond to each allegation and to include any affirmative defenses that you may have.
Filing these documents can be done in person or by mail, but make sure to file them within the 20-day timeframe and consider using certified mail with a return receipt requested. If you don’t file these documents on time, the plaintiff may seek a default judgment against you, which could result in legal consequences and financial obligations.
Remember that you have the right to represent yourself in court, but seeking legal assistance from a professional or pro bono attorney may be advisable if you’re not comfortable representing yourself. By taking action and filing a Notice of Appearance and an Answer, you can protect your rights, defend yourself in court, and potentially avoid negative legal and financial outcomes.
If you would like more information on how to stop a lawsuit and organize all of your debt, please visit this page of our website: Bankruptcy lawyers: Law Offices of Christopher A. Benson, PLLC
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Author: Christopher A. Benson
Law Offices of Christopher A. Benson, PLLC
1814 South 324th Place Suit B
Federal Way, WA 98003
(253) 815-6940
www.cbenson.com
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