When it comes to being sued by a creditor or collection agency, sometimes you can have total control over the court decisions -- if you are aware of your rights. Pure fear usually keeps people from exercising their rights when served with a summons. Not doing so can lead you into a situation where the judgment is entered and that is far worse than handling the issue to begin with.
If you are served with a summons over a debt you need to take immediate action. Letting the summons turn into a default judgment is going to be much harder to deal with down the road including protecting all of your assets.
Winning a court's decision usually involves one thing -- How valid is the claim? If a defendant (you) can prove that there is no valid claim then the court decision will be in your favor. Winning simply means the party proved the case. That's where you come in -- breaking down the claim so it's not admissible.
You'd be surprised how many lawsuits are poorly prepared and can be deconstructed. Every legal claim must meet certain criteria in a court of law. If you can find error in that claim then your odds of dismissing the case are high. Creditors don't normally have to deal with this because people fear the process so much they simply avoid it. This leads to a judgment in the other party's favor.
If you are served with a lawsuit, immediately respond within the 30 day period in writing. Phone calls do not protect you. Whether you dispute the debt or plan to settle out of court with the creditor or their attorney, its the best option to avoid the entry of the judgment.
Once the judgment is entered you will be dealing with the effects of it on your credit reports as well as protecting your paycheck and bank accounts. Judgment creditors will negotiate with you prior to entry in most cases so asking is something you should do. You can settle the debt, and probably pay much less by communicating with the judgment creditor and solving the issue prior to your court date. You can read more here about removing a judgment from your credit reports.
Confronting a pending judgment head on is a much better strategy than having to try and vacate the judgment. If you're in that situation now, where the judgment has already been entered then you may find this article on how to vacate a judgment helpful.
On the other hand if there is a dispute about the debt, you definitely do not want to simply wait for the court's decision. You'll need to take immediate action to show proof of error. This could be by showing the debt has an expired statute of limitations or other documentation you have to invalidate the debt.
Just because someone sues you doesn't mean they're right. It'll be up to you to prove your side of the story but its well worth the effort. Most court's will allow you to have the fee waived if you cant afford it as well as providing free legal representation. You'll need to speak with the clerk of the court to find out what's available in your state.
In any court decisions case there are always two sides to a story and it's surprising how many people are simply too intimidated by the process to protect themselves. Often people believe a lawsuit means the other side must be right. This is not always the case and even the tiniest of details can make the difference in the court's decision and your bargaining power.
Creditors and specifically collection agencies dont always keep pristine records. A flaw on their end could mean a dismissed judgment for you and a court decision in your favor. The devil IS in the details.
Winning a Court Decision (DIY) There's a great resource if you want to learn how to win in court. Written by an attorney, Dr. Fredrick Graves with over 26 years in winning cases, the kit he offers is a step by step to win a court decision without a lawyer.
The kit comes with a lot of resources. In fact it's packed full. If you're serious about navigating the Rule of Law and protecting yourself, Dr. Graves kit is probably a perfect fit. He also offers private tutoring if you're interested.
- Case-Winning Tutorials and Seminars on 4 CDs
- Video Seminar + Audio Classroom + 15 Law School Reference Tutorials
- Instant On-Line Access While 4-CD Course is in the Mail to You
INCLUDED IN THE KIT
- 5-Hour Video Seminar on CD-ROM -- Included
- Shows How to Use Forms and Simple Tactics to Win Your Lawsuit
- Demonstrates Procedures - Helpful Tips - Effective Legal Writing
- 2½ Hour Audio Classroom on 2 Audio CDs -- Included
- 15 In-Depth Lawsuit Tutorials on CD -- All 15 Included
- Includes Essential Lawsuit Resource Library on CD-ROM
(Complete List Below of everything you'll receive)
- Forms for Civil Cases - Simplified Forms for Pleadings, Motions, & Discovery
- How To Win - Advanced Lawsuit Procedure & Case-Winning Pro Se Tactics
- Evidence Made Easy - The Rules of Evidence Simplified
- Motions & Hearings - How to Move the Court to Get What You Want
- Causes of Action - Essential Keys to Winning in Court (injunctions included)
- Courtroom Objections - How to Preserve a Winning Record for Appeal
- Affirmative Defenses - How Defendants Defend Aggressively!
- The Language of Law - Understanding "Legalese" and Legal Philosophy
- How to Be Heard - A Simplified Overview of Lawsuit Procedure
- Common Law Maxims - Self-Evident Power to Control Judges & Lawyers
- Complete Lawsuit Flowchart - Lawsuit Procedure At-a-Glance
- Hiring an Attorney - How to Find and Contract with an "Honest Lawyer"
- Summary Judgment - Winning Your Lawsuit with a Single Motion
- Natural Law - Fundamental Legal Philosophy Explained
- Easy Guide to the Rules - A Handy Reference to the Rules of Court
This type of kit is one we can really get behind. Not only does it offer DIY products which can save a person a lot of money but its a kit that really delivers. Thoroughly researched and packed with so much wisdom from someone who navigates the legal system everyday.
Take your time when you get over to his website because there is so much information on court procedures and rules of law that you can become overwhelmed. Luckily he has laid it all out step by step in the kit so that you can digest it in a way that will serve you best. Here's a short video from Dr. Graves on