The creditor or collection agency (or lawyer) must “serve” you with a copy of the complaint, along with a “summons.” The summons notifies you that you are being sued, and usually provides additional information such as when you need to file a formal response in court.
Can creditors take legal action?
If you have unpaid debts, at some point the creditor or debt collector might sue you. While not all creditors will file a debt collection lawsuit, if you have income or assets that the creditor can grab, it’s likely to sue you to get a judgment. But if you get served with a debt collection lawsuit, don’t panic.
Can a debt collector threaten legal action?
This contact may be by phone or letter. A letter sent by a creditor or its debt collector will often threaten you with legal action unless the debt is paid.
Can a debtor be served papers in court?
If the debt is not valid, it’s a simple matter to defend in court by asking for documentation of the debt. There are two other conditions that must be met for a creditor to serve papers on a debtor. Is It Within the Court’s Jurisdiction?
Can a person serve court papers on an individual?
Any person means just that–a relative or a friend is fine. However, many states require that this person be approved by the court. A mailbox isn’t personal enough. No matter who serves the papers, if personal service is used, the claim and a summons must be handed to the defendant.
What should I do if a creditor or debt collector Sue Me?
If you’re sued by a debt collector, you should respond to the lawsuit. You can respond personally or through an attorney, but you must do so by the date specified in the court papers.
What happens if I Sell my personal information to a creditor?
Do Not Sell My Personal Information If you owe money to a credit card company, medical provider, furniture store, student loan holder, or any other creditor, and you don’t pay or get behind in payments, at some point you might get sued. Here’s what happens if a creditor or a collection agency sues you for nonpayment of a debt.