Defending Against Creditor Lawsuits in Tucson Civil Court
If you have defaulted on a credit card or similar type of debt, the credit card company or bank will often file a debt collection lawsuit in civil court. If you have a lawsuit filed against you as a debtor, you should not wait to contact an experienced Tucson lawsuit defense and litigation lawyer. There are specific procedures you must follow and timelines you must meet to protect your right to defend against the claim, so you should contact Yusufov Law Firm as soon as you receive notice of a case.
Call a Debt Relief Attorney Right Away
When a lawsuit is filed with you named as a defendant, you should receive notice of the complaint as well as a summons to appear requesting that you respond to the lawsuit by filing an answer. Many people in this situation do not know what to do, or they might think they have no chance of winning the case since they owe the debt.
However, ignoring the summons completely is a huge mistake, as it can result in a default judgment against you, eliminating your ability to present a defense argument or negotiate a settlement. Default judgments can then lead to wage garnishments and other enforcement tactics that can put a strain on your already stretched finances.
Instead, once you receive a summons, your first call should be to a debt litigation attorney. You only have a short time – 20 or 30 days, depending on the circumstances – to respond to the lawsuit and preserve your right to argue your side of the case. For this reason, never wait to contact the right debt relief lawyer for your defense.
Defending Against the Creditor Claim
If you do not owe what the creditor claims, your attorney can present proof that the debt is not yours or has been paid as a strong defense. However, even if you owe the debt, you still have options to defend against a judgment. The following are some common defense strategies, depending on the circumstances of the case:
- The statute of limitations for debt collection has expired
- The creditor cannot present the necessary documents to prove the debt (insufficient evidence)
- You were not properly served the complaint and summons
In addition, the right lawyer can engage in settlement negotiations with the creditor throughout the litigation process. Often, creditors are willing to agree to a settlement that requires you to pay a reduced amount in exchange for the lawsuit being dropped.
Discuss Your Case with a Tucson Lawsuit Defense and Litigation Lawyer Right Away
If you have a case filed against you by a creditor in civil court, you want an experienced litigator handling your defense. Contact Yusufov Law Firm to discuss your situation with a Tucson lawsuit defense and litigation attorney and learn how we can help. Please contact us online, or call 480-788-0098 in Phoenix/Mesa or 520-745-4429 in the Tucson area, so we can start working on your case.