QUESTION

What should I do after being sued by a collections agency? How?

Asked on Jun 19th, 2015 on Bankruptcy - Illinois
More details to this question:
I got summons for lawsuit from collections agency, but the amount of debt was wrong. I have on recording that both the collections agency and original creditor admitting that creditor admitted she gave me a different amount, but they are not changing the amount. Should I settle if they only promise to request a pay for delete(all thread lines deleted), but do not promise it will be done? Do I still need to send an answer to the summons to the court and prepare to go to court if we settle? Do I need a lawyer? How do they decide value of car to know if it is exempt from them putting a lien on it? Should I settle at all and if so before or at court or just take my chances at court? Do I still need to ask for verification of proof they own this debt and the license to practice?
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4 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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After being sued you should file should file an answer and discovery to make them prove that you owe them the money. It's possible to do it yourself but much better to get a lawyer. This will avoid a default judgment and put pressure on them to settle. They can't delete the lawsuit from your credit report, only report that it was settled.
Answered on Jun 22nd, 2015 at 12:21 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Is this site charging you by the question? You have a bunch of questions here that need more of a background than you have provided. If you have been sued for a debt, the smart thing to do is to file a formal written response with the court according to the court rules. Having an attorney represent you will make sure this is done correctly. An attorney representing you is much more likely to have the pull with the creditor's attorney to negotiate a fair settlement of this debt. Settlements are put into formal written form and are submitted to a judge for approval. People who just take their chances generally get their faces slapped because unless you know what you are doing & have the experience to do it correctly, you probably won't get it right. I remember learning to bake a cake from a recipe, trying to follow the directions, and having the cake taste terrible. My cakes taste a lot better now that I am older and have some experience.
Answered on Jun 19th, 2015 at 5:13 PM

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Your questions strongly suggest you should consult an experienced lawyer in your area. Such a person can review the many relevant facts, and all possible defenses. Whether you hire a lawyer or not, it's a good idea to file an Answer by the due date given on the Summons: otherwise a default judgment will be entered against you for the amount set forth in the complaint. If you settle with the other side, be certain that an original is filed with the court.
Answered on Jun 19th, 2015 at 4:55 PM

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Debt Collection Attorney serving Chicago, IL
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Consult an attorney who is familiar with this area immediately. Make sure you make all court dates. Many collection lawsuits are unprovable. Do not engage in further communications with the debt collector, as you are likely to make damaging admissions.
Answered on Jun 19th, 2015 at 11:26 AM

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