If you are sued by a debt collector the worst thing you can do is ignore the problem and not appear in court. The lawsuit will not go away and if you do not appear in court you are allowing the debt collector to win "by default" and the collector will likely get a Judgment against you. A Judgment could follow you for up to 20 years and will negatively affect your credit report for 7 years or longer.
If you think "I don't need to worry about this because I don't have any wages, money, a car or a house," PLEASE think again. Do you hope to have some of these in the next 20 years?
It is much easier to defend or settle the case before a judgment. A judgment can only be set aside under very limited circumstances.
Once the creditor receives a judgment, they won't warn you before they freeze your accounts, start garnishment proceedings or place a lien on your house or car.
Find out who is suing you. This party is listed as the "Plaintiff" in the Complaint. Is this party a credit card company, or is it a debt collection agency who bought the debt from the original creditor?
Find out how much you are being sued for. This amount should appear in the body of the Complaint.
Collect all documents you have access to regarding the debt: your credit card agreement, credit card statements, bank statements, correspondence, anything relevant might be useful.
Do not contact the plaintiff yourself. If the plaintiff attempts to contact you, refer him to your lawyer. Do not answer any questions or make any statements – these can be used against you in court.
Show up for your hearing! Bring your lawyer with you.
Robert Gindel is a dedicated Consumer’s Rights Trial attorney, and his practice focuses exclusively on consumer law. Mr. Gindel defends individuals from debt collectors, credit card companies, credit reporting companies and their attorneys, and is devoted to Debt Defense, Credit Restoration, Consumer Rights litigation, Creditor Harassment, Bankruptcy, Foreclosure defense, Unpaid Wage Claims, Credit and Financial Services litigation.
Robert was selected to attend and graduated from the prestigious Gerry Spence Trial Lawyers College (TLC) in DuboIs, Wyoming. The TLC has a network of graduates nationwide in Robert actively participates. His personal relationship with excellent trial lawyers nationwide permit him to handle cases where his clients need him.
Robert Gindel, handled a case for me a couple weeks ago. The process from start to finish was painless. He and the staff were very professional and reasonable in regards to cost. I searched many law firms and felt very comfortable from the first phone call to handle my case. I received more than expected in the outcome of my case. I would highly recommend this firm.
Leighton Brown
Robert Gindel and his staff have handled 2 different matters for us. We had a very positive outcome. He and his office are wonderful. They are efficient and respond promptly. In addition, they provide convenient payment plans. They know how to get the job done. High level of professionalism.
M Taragano
This law firm is hands down the best. Their entire staff is world class. Their knowledge and guidance is second to none. You will feel comfortable and confident with their advice, they are honest, reliable and so genuinely compassionate. My experience with them was simple and flawless. If you are looking for the best, then you have just found them! I would recommend this firm to everyone. Seriously one in a million!
Jennifer Modica
I had a random small claims case and needed to hire representation. I stumbled across Robert Gindel on a google search and it was a great choice. He had an office local to me and had the experience for this type of matter so I decided to give his firm a try. The process was seamless and with quick results. They were able to get me a settlement before the actual hearing. The matter was resolved and his staff were very professional and communicative. I would highly recommend this firm for your legal needs
Eddie Y
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