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What Can I Do When I’m Being Sued by a Debt Collector

Written by Steve Rhode

Question:

Dear Steve,

I’m being sued by a debt collector for a recent charged off credit card debt. I only work part time and I’m struggling financially, thus the reason why I stopped paying my credit card bill. I simply didn’t have the money to pay it. Now I’m being sued. At least, that’s what I think its going to happen since I got about six letters from attorneys offering their services. I have yet to formally hear of the suit. Please help.

What do I do next? I don’t have money to pay an attorney if I’m being sued by this debt collector.

Patty

Answer:

Dear Patty,

Since I’m not a lawyer, I can’t provide you with legal advice. There is no substitute for seeking legal help from an attorney who is licensed in your state.

Your situation brings up a number of issues.

Maybe this is the symptom or greater financial problems. If so it might be that thinking about bankruptcy to clean the slate and give you a fresh start is a logical thing to explore.

If you absolutely can’t afford to talk to an attorney and get qualified legal help, then you should at least show up in court and attempt to workout an arrangement with the attorney or present your side of the situation to the judge. The case will be decided on legal grounds but it is guaranteed if you don’t show up you will absolutely lose.

Even the day of the court hearing, it’s not too late to try to work out a deal everyone is happy with.

If you’ve been receiving letters then I would bet there is something that has been filed at your county courthouse. You might want to call the courthouse and ask them to look and see if there is anything on file for your name. You just don’t want to miss a court date that you might not know about.

READ  Why Debt Collectors Dismiss Lawsuits All The Time

If you have doubts the debt you are alleged to owe is a valid debt then when you go to court you can always ask the creditor to prove you owe the debt and how they calculated the amount you owe. Can they product statements or the original contract showing you are obligated to pay the debt? Maybe not.

Sincerly,
Steve

You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.





About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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