Debt

The preferred course is to hire a lawyer familiar with this area of law. I know many people can't afford it, but the truth is that there is a huge difference in results with a good lawyer.

Failing that you have to file an answer within 20 days of the date of service of the complaint. Usually the court is very tolerant of pro se filers, and form really does not matter. The substance of your reply is important.

Lastly, if you have a lot of creditors out there, you can consider bankruptcy. It is cheaper and easier than defending suites in state court.


Dan Gindes

As attorney Gindes points out, you have only 20 days in which to file an answer to the collection firm's complaint. Failure to file an answer will result in a default judgment, entitling the creditor/plaintiff to the full amount of damages sought, and opening the door for wage garnishment and collection by a sherrifff.

Hiring a lawyer can dramatically increase your chances of succesfully negotiating a favorable settlement by responding to the lawsuit with all available defenses and counterclaims, if any. Hiring a lawyer will ensure that the creditor/plaintiff does not win the case against you on a technicality, and can make sure all defenses and counterclaims are asserted, strengthening your position.

I represent debtors in your position throughout the Commonwealth. Oftentimes, I can help my clients entirely avoid litigation altogether. If my client has already been sued, I am usually able to negotiate a favorable settlement of the debt, usually for much less than the full amount owed. Time is of the essence. Do not agree to sign anything from the creditor/plaintiff until you have spoken with an attorney.