Free Debtor Help: Lawsuits and Litigation

Litigation

At the point when the thirty days is up for debt validation, the creditor whethor original creditor or debt buyer, may either hold the debt, renew collection, sell the debt or decide to sue. The creditor files a claim in court and the debtor recieves a summons.

Debt buyers appear to sue more often than original creditors. They employ both debt collection agencies and debt collection attorneys to attempt to collect the debt. The main method of suing involves the summary judgement. The creditor states the claim along with the summons perhaps with supporting documents such as an affidavit or other. If the debtor does not answer the summons by either mail or appearing in court, a default judgement is entered against the debtor. To remove a default judgement, a debtor then has to file a motion to vacate the judgment with the court within a certain time period.

If the debtor or defendant answers the summons by appearing, the creditor or plaintiff has to prove the debt is owed with the credit card contract or agreement, provide transaction records, ownership (title) of the debt, etc. If the debtor answers by mail, the litigation moves towards trial with discovery, pretrial, witnesses, etc. Not complying with the litigation process can also result in a default judgement.