Fighting a Creditor Lawsuit with a Homer Bankruptcy Attorney on YOUR Side!

Homer bankruptcy attorney can help with a lawsuitAfter multiple attempts to collect on a debt, some creditors will take the next step by filing a lawsuit. If you find yourself in that situation, the worst thing you can do is simply ignore it, hoping the problem will go away. In fact, ignoring a creditor’s lawsuit is the worst decision you can make since taking no action makes it easier for the creditor’s attorney to secure a judgment.

Taking Preventative Measures

Obviously, it is in your best interest to do whatever it takes to avoid having a judgment filed against you. Although calling the creditor’s attorney to discuss some type of payment plan may seem like a logical solution, what happens in most cases is that once the plan is set up, that same attorney goes ahead with the judgment anyway.

Always remember that a creditor’s attorney is not on your side.

If you receive notice that you are being sued, consider talking to a Homer bankruptcy attorney, like Laura Harris-Courage and her associates.  We can advise you how to respond in writing to the judgment and submit your answer to the court clerk while also providing a response to the creditor’s attorney. Although you can fight a judgment on your own, hiring an attorney is highly recommended.

When fighting a judgment, it is imperative that you provide a response in writing to both the creditor’s attorney and court clerk. The reason is that if you decide to provide an answer only to the attorney, the court has no way of knowing an answer was filed. Therefore, a judgment could be granted by the court. Instead, make two copies of your written letter, sending one to the creditor’s attorney and one to the court clerk to cover all the bases.

Writing an Effective Letter

An effective letter is also critical when fighting a creditor’s lawsuit. As a prime example, if you are the victim of identity theft, you have a viable defense against the lawsuit. You want to avoid making a poor defense, such as not being able to afford the debt or claiming you have plans to file for bankruptcy to wipe the debt out.

Stopping a Lawsuit with Bankruptcy

Because of new bankruptcy laws, filing is actually quite challenging. For this, you need to use the services of a reputable Homer bankruptcy attorney; however, you still need to respond to the judgment first. One method of stopping the lawsuit involves disputing the amount the creditor’s attorney says you owe as well as asking the court to mandate the creditor prove the amount owed.

By taking this action, the creditor must prove the amount of debt owed by providing the court with documentation and/or witnesses. As this is expensive, the creditor’s attorney will often drop the lawsuit.

If you use an attorney to file bankruptcy, all collection actions stop immediately, which includes the creditor’s lawsuit. Just keep in mind that the process of filing for bankruptcy takes time, and, therefore, it is not an overnight solution. To ensure the creditor’s lawsuit is handled correctly or to file bankruptcy, we strongly urge you to contact a Homer bankruptcy attorney today for a free consultation.

One phone call can stop the lawsuit in its tracks.

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