Served by a debt collector? What to do next
Getting served with a lawsuit is one of the more upsetting things that can happen to you. When the process server hands a summons and complaint to you or to someone “of suitable age and discretion” who answers your door, they are dragging you into the legal system. But really, it is not as bad as all that. Let’s take a look at the first few parts of a lawsuit to try to dispel the fear and misunderstanding.
Service
Getting “served” just means that you have been given notice of the lawsuit. You are served if you are handed a copy of the summons and complaint or if a summons and complaint is given to someone “of suitable age and discretion” at your home.
The summons and complaint–”process” in legal jargon–are a statement of the claims against you and a notice of the lawsuit. In Minnesota, at least, the lawsuit starts whether or not it is filed with the court.
This is important: YOU MUST ANSWER THE COMPLAINT.
Answering the complaint
An answer is a formal, legal document (PDF link). A civil lawsuit is not a criminal lawsuit. There is no court date. Just a due date. You have 20 days to serve an answer to the complaint. Serving, in this case, means mailing the answer to the opposing party’s attorney. You also must fill out an affidavit of service when you do this.
In an answer, you must respond to each allegation (usually numbered paragraphs) in the complaint. Be careful not to admit anything that you do not know for a fact to be true. For example, in a debt collection case, if you do not know what your account number was, you cannot admit that you owe on an account with a specified number. Instead, you have to state that you do not know, and deny it. However, if you still have your credit card or statements, and they show the same account number, you may have to admit this.
Also be careful if you see more than one allegation in one sentence or paragraph. For example, the allegation “Defendant owes Plaintiff $1,400 on a Providian credit card, account number 1234 2345 3456 4567″ contains several allegations: (1) Defendant owes Plaintiff $1,400; (2) for a Providian credit card; (3) with the specified account number. You can probably find some more allegations hidden in there, as well.
This is why having an attorney can be very helpful.
What to do next
A lawsuit is like a game of ping pong. Or tennis. Or volleyball. Or whatever. There is a constant volley back and forth. The plaintiff serves the summons and complaint, then the defendant must serve the answer. Either party may start the next step by filing the lawsuit or serving discovery, which the other party must answer. And so on.
Answering a lawsuit does not end the lawsuit. It just moves it to the next step. If you decide to represent yourself, you must stay on top of your lawsuit. If you do not know what to do next, you should probably hire a lawyer. Most anyone can handle the early stages of a lawsuit, but if they are not handled well, they can make it impossible to prevail later on. When it comes to the later steps of a lawsuit, it can be very difficult to explain how to handle them yourself, but if you spend some time reading the rules and the law, you might be able to be your own “closer.”
Tags: complaint, debt buyer, debt collector, garnishment, judgment, lawsuit, lawyer, served, sued, summons
Filed under: Consumer Lawsuits
This provides me a great insight to the process. I was once served with a notice. My next step was to get my butt in gear and I just paid the full amount without attempting to negotiate. It was a real wake up call for me at the time as I was younger and dumber. I did not want to get involved in the legal aspect of it all as I did not know how to fight back.
I wish I had found this blog last June. I live in Minnesota and didn’t understand the MN pocket-fiilng rules and have been subject to three default judgments because I thought I would just get my day in court. I’ve now got two of the three paid off - but it hurt to be garnished they way Gurstel, Staloch & Chargo does things. I was getting more fees and overdrafts in my bank account than they were getting in the garnishment.
Whereas I don’t condone being a stupid kid and not paying your bills - there’s a lot of things I’ve learned here about the MN collection law in just 20 mins this morning.
Oh, if you’re a kid reading this (kid is anyone under 25, fwiw), do two things to make your life easier:
1) Pay your bills now. When they’re due. It’s going to be easier not eating at McDonald’s this week, than longing for the boat you want in 10 years.
2) Admit it when you don’t know something. In my case, I should have ponied up for a lawyer - it would have been cheaper in the long run.
Thank you for good information. I have a credit judgement against me. My income is judgement proof because it is SS & Pension. I would like to know how debt collectors get bank account info. I would like to be able to use my checking acct,but am afraid to do so incase they try to take money from it. It is being handled by Gurtsel Law firm, every 6 months they send me a form requesting proof of SS payments. I do comply,but do I have to? Thank You I live in Minnesota
Hi Shirley: We do not give personal advice over the internet. If you want advice on your situation and you are in Minnesota, sign up for a 30-minute consultation.
Can you recommend someone on in the Tampa area?
Thanks
Nat
Head over to the NACA lawyer database. You can find a number of consumer rights attorneys there.
This may sound stupid but what kind of lawyer do I need when served by a debt collector?
See the comment above yours. You need a consumer rights lawyer with experience in debt collection. Start by checking the lawyer database at the National Association of Consumer Advocates.