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Advice if you are being sued by creditors

I am being sued by 3 different people loans, and furniture company. I have 2 weeks to respond to court. I need help.

I am being sued by 3 different people loans, and furniture company. I have 2 weeks to respond to court. I need help. Total is about $7,000. Can you help me?

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Bill's Answer
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Since you have been sued by your creditors, I encourage you to seek the assistance of an attorney in your area to help you respond to the lawsuits. Your attorney may also be able to help you negotiate a settlement or repayment plan with your creditors to prevent this legal action from proceeding further.

If you cannot afford an attorney, you may be able to resolve these accounts on your own. If you contact your creditors, they may be willing to offer repayment plans with you in return for your signing a consent judgment. I cannot provide you with legal advice, so I cannot tell you what action you should take in resolving these accounts, but many people I have worked with in the past have been able to resolve similar accounts through negotiated repayment plans. If your creditors agree to payment arrangements, you should ask for the terms in writing, which should help protect you in case the creditor fails to abide by your agreement.

As for responding to the court, your county court clerk may be able to assist you in filing a response. While the court clerk will not be able to provide you with legal advice, he or she may be able to provide you with the necessary forms. If you do not respond to the lawsuits, the court may enter default judgments against you, which may result in wage garnishment, bank levies and/or property liens, depending on your state laws. Even if you do respond, the creditors may still be able to obtain a judgments against you; it will probably just take longer. Therefore, you should attempt to resolve these accounts as soon as possible.

Again, I encourage to obtain the assistance of an attorney if possible, though I know that an attorney can be expensive which may make hiring an attorney impossible at this time. Whatever you decide to do, I wish you the best of luck and hope that the information I have provided will help you Find. Learn. Save.

Best,

Bill

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2 Comments

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  • BA
    Apr, 2010
    Bill
    The simple, incomplete answer to your question is, "Yes, the plaintiff needs to produce the contract." However, you are wading into contracts and evidence law called the "best evidence rule." Books have been written about this, and law professors spend hours lecturing on the best evidence rule in law school. I would not be doing you a service by summarizing the rule here. Accordingly, consult with an attorney in your state who can review your facts in person, explain the relevant statutes and case law in your state regarding your main issue, and give you precise advice regarding your rights and liabilities. I realize my answer does not provide immediate gratification, but many questions regarding the best evidence rule are answered by the facts in each individual case.
    0 Votes

  • 35x35
    Apr, 2010
    Jim
    I'm being sued for $11K and am scheduled to appear in Court in 3 weeks. I have spent hours writing to their attorny and the court to arrive at a "workable" payment arrangement. I have also asked for a copy of my signed agreement on 4 (four) separate occasions at no avail. I even asked them upfront if they even have a copy and they dance around the issue. At this point, i am about 85% sure they don't have one and 100% sure that they did not provide one to the Court. What defense do I have if the Creditor has no agreement signed by "yours truly"? Isn't this something that would at least need to be provided in order for them to obtain judgement against me?? Please advise. Thanks!!!! Jim
    0 Votes

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