What if I am Sued - Defend Yourself Against Creditor Lawsuits in Pennsylvania
If you have received a summons or a notice from a collection agency or debt collector, you may be frightened about what will happen to you, your credit rating and your finances if a judgment is brought against you. It is important that you stay calm and talk with an experienced attorney IMMEDIATELY if you have been sued by a debt collector. There are often defenses to creditor lawsuits, and we can help you defend yourself in the courtroom. We cannot stress how important it is to act quickly; you may lose the right to defend the suit if you delay.
At the Pennsylvania law firm of Boyle, Neblett & Wenger, our lawyers can help you challenge debt collector lawsuits and avoid default judgments that may wind up in wage garnishment, repossession or other negative actions to your credit report. If the debt collector has threatened legal action over the phone and has no intention of actually pursuing such litigation, we can hold the collector accountable for violating federal collection laws.
Burden of Proof in Debt Collection
In all cases, creditors have the burden of proof in a court of law and must prove that you owe the debt that they are attempt to collect on. Without this proof, they will likely be unable to collect on the debt or bring suit against you. Creditors should keep proper records on file that may include credit card or other debt statements, billing statements and other documents signed by you, the debtor.
Since many people are unfamiliar with collection law, they are unaware that creditors have to produce these kinds of documents to bring lawsuits and that these lawsuits can be challenged. Most lawsuits are not challenged, in fact, and creditors are able to get judgments against people without much difficulty. If a judgment is filed against you, you will likely have to pay the full amount of the debt, in addition to court fees and attorney's fees.
It is important if you are facing a collection lawsuit that you act as soon as possible to defend your rights.
If You Are Being Sued, Contact Our Firm As Soon As Possible
Whenever you are facing difficult legal issues, time is of the essence and talking with an attorney as soon as possible is the best way to preserve your rights and to avoid a judgment against you. Contact us at Boyle, Neblett & Wenger to learn more information about your best options. Call us for a free case evaluation at 866-661-7930 and get the advice and representation you deserve.
