What happens after you file an answer to a complaint?
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What happens after you file an answer to a complaint?
After you file an answer with the court, The court clerk will give the case a court date for you and the plaintiff to see a judge. The court will mail you the date. If your case is in small claims court, go to court on the date in the summons.
What is complaint and answer?
The plaintiff bringing the lawsuit must file a summons and complaint to start the lawsuit. The answer is the defendant’s opportunity to respond to the plaintiff’s complaint and to put forth any defenses if he or she so desires.
How do I respond to a court summons?
How do I answer the complaint?Read the summons and make sure you know the date you must answer by.Read the complaint carefully. Write your answer.Sign and date the answer.Make copies for the plaintiff and yourself.Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
What happens when you are summoned to court for debt?
A judgment creditor may serve you with a summons to appear in Court to be questioned about your financial position. Failure to obey the summons may result in your arrest.
How do you defend yourself against a debt collector in court?
Respond to the Lawsuit or Debt Claim. Challenge the Company’s Legal Right to Sue. Push Back on Burden of Proof. Point to the Statute of Limitations. Hire Your Own Attorney. File a Countersuit if the Creditor Overstepped Regulations. File a Petition of Bankruptcy.
What happens if you don’t go to court for a loan?
If you don’t respond or appear in court on the designated day, it’s likely a default judgment will be entered against you. Worse still, judgments often are harsher when you fail to respond, and the judge may add attorney fees, court costs and interest to the total judgment.
Can a loan company sue you?
If you don’t repay your loan, the payday lender or a debt collector generally can sue you to collect. If they win, or if you do not dispute the lawsuit or claim, the court will enter an order or judgment against you. The order or judgment will state the amount of money you owe.
How can I get out of payday loans legally?
Break the payday loan cycleTry a payday loan consolidation / debt settlement program.Prioritize high-interest loans first.Ask for extended payment plans.See if you can get personal loans.Get a credit union payday alternative loan.Look into non-profit credit counseling.Ask friends and family for money.
Do Debt collectors show up at court?
If you don’t repay or settle the debt, the debt collector can sue you. At this point, you will receive a notice from the court regarding your appearance date.
How likely is a collection agency to sue?
Credit card companies sue for non-payment in about 15% of collection cases. Usually debt holders only have to worry about lawsuits if their accounts become 180-days past due and charge off, or default. That’s when a credit card company writes off a debt, counting it as a loss for accounting purposes.
How do I challenge a debt collector?
Contact the collector, preferably in writing, and advise them that the debt has already been paid. Provide copies of any records or information that proves you’ve paid the debt. You should also ask the debt collector why they are contacting you.