I had a credit card that I defaulted on. I received a letter that states that I was served with a lawsuit and that I failed to respond. That's not true. I was never served. Now they are looking to enter a default judgment against me. What should I do?
Chapter 7 Bankruptcy Attorney
don't let them get the default. Answer their complaint. What is your goal? Assuming you owe the debt, what is the end game? Settle, reduce monthly payments? Or perhaps you do NOT owe the debt. If you are just buying time or the debt stated is not correct, you will have to file an answer. If they get the judgment you will move to immediately vacate and answer. Hire an attorney. But consider the costs of answering and fighting and paying attorney fees versus settling the debt. On the other hand, if you do not owe the money, fight it. Best of luck.
First, you should get a copy of the original papers ASAP by either going to the courthouse and getting a copy of the papers in the file (bring that letter you received with you) or you could call up the law office that sent you the letter and ask them to send you a copy, but that is not a reliable method. Second, you should either retain an attorney to defend or settle the lawsuit, if you know that you owe the debt and that the amount listed is correct.
Debt Collection Attorney
You should probably consult a local attorney. One issue here is who is suing you - the original creditor or a debt purchase company. If it isn't the original creditor, a consumer attorney can defend you to make sure the debt is legitimate and potentially get you a workable settlement.
Call the court house ASAP and find out how to block the default while you research local attorneys.
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