Friday, October 8, 2010

Ignoring that lawsuit your credit card company filed is like closing your eyes in a boxing ring.

     So you got a knock on your door, and when you opened it, some guy threw papers at your feet and said "You're Served!"  Maybe you got lucky, and an actual Sheriff's deputy gave you this notice of lawsuit, and did it a little more tactfully, but either way, you now have a choice.
1)  You can ignore it; or,
2)  You can do something about it.
     Whether you like it or not, you have just been placed in a boxing ring, and choosing path #1 is the equivalent of closing your eyes and tensing up as you wait and hope that it won't hurt too much.
     You HAVE to choose path #2, and believe it or not, you might even have a chance to win.  It may not even be necessary to consider bankruptcy, but if that ends up what you need to do, call a Georgia Bankruptcy Attorney.

     BUT, BEFORE you do anything drastic like bankruptcy, lets do some basic damage control.  Those silly papers that were either handed to you or thrown at your feet are a summons and complaint.  The summons tells you what court you are being sued in, and the complaint tells you why you are being sued.
     If you do not respond to this lawsuit, in 30 days you automatically go into default, and in 45 days, you lose the right to open that default.  What that means is the party that filed suit against you can start taking money out of your bank accounts, can garnish your wages, or can put a lien in place against property that you own.  Maybe you think you have all your assets hidden and are paid under the table, but if you are all "off the grid" smart, why don't you use some of that brainpower now and fight this lawsuit?!?
     Now don't start getting too smart for your own good, because declaring you are a sovereign nation, or demanding that the credit card company produce an original signed contract WILL NOT WORK.  Fighting the validity of service, arguing venue or jurisdiction, or possibly arguing statute of limitations MIGHT work, but you need to talk to a Georgia Debtor Defense Attorney about what legal defenses are available.

     There are several phases that this lawsuit will go through, and several ways that you can have a judgment entered agaisnt you.
Judgment type 1 - automatic Default Judgment
If you do not file an Anser to the lawsuit, the lawsuit goes into Default in 30 days and a
Judgment type 2 - Judgment entered on motion based on the pleadings filed
After you file an Answer to the lawsuit, if your answer does not raise a legal defense, the party filing suit can obtain a Judgment on the Pleadings
Judgment type 3 - Summary Judgment
If your Answer to the lawsuit raises a legal defense, "discovery" commences.  If you do not respond to discovery, the party who filed suit against you may be able to have Summary Judgment entered against you.  If you respond to the discovery requests, but your responses fail to support your legal defense, or if you do not file your own evidentiary support in response to the motion for summary judgment, the court may enter judgment against you.
Judgment type 4 - Final judgment after bench trial (judge only) or jury trial
If judgment is not entered based on the above mechanisms, you go to trial.  After either a bench or jury trial, judgment is either entered, or you walk out as a winner.

OH . . . by the way . . . all of these judgments are in the end, exactly the same.  Whether you fail to respond to the lawsuit, or lose after a jury trial, the entry of judgment is as final and has the exact same effect.
Can you guess what I am going to say next?

You DO NOT know what the valid legal defenses in a debt collection case are, but a Georgia Defense Lawyer does. CALL ONE.

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