Lawsuit Articles


Understanding Why You Were Sued

Once a payment has been missed, you are in default on your obligations to the financial institution on an account and late payment charges are added. If enough payments are missed, sometimes a higher default interest rate will be applied. more –>

Negotiating with Collection Law Firms

My article, Understanding Why You Were Sued, has preliminary information for this subject. Once you are familiar with the process leading to a collection lawsuit, this article will help you decide whether you should negotiate, which can help you avoid being sued or prevent the collection lawsuit from becoming a judgment, and how to negotiate. more –>

Judgments, Why Many are Void

This article refers to several terms, discussed under “Terminology of Collection Lawsuits”
(also known as credit card lawsuits).

There are four ways a collection lawsuit becomes a judgment to pay money:
1. Default, by failure to timely file an appearance in the lawsuit after claim of service
2. Default, because the court ordered that the defendant’s answer be stricken
3. Summary Judgment by the Plaintiff
4. Entry of Judgment, following trial.

This article discusses judgments obtained by failure by the defendant to timely file an appearance in the lawsuit after claim of service. Many collection lawsuits that are filed against consumers are not properly served on the defendants. Sometimes, the consumer learns about the lawsuit in time to defend and files their answer in time to prevent a default. more –>

Exemptions After Judgment

If a judgment has been entered, the debt collection attorneys may start enforcing the judgment against you. For instance, they may notify your employer to withhold (or garnish) your wages, attach the funds in your bank accounts or personal investments, and place a lien against your home and other real estate. more –>

Terminology of Collection Lawsuits

Answer to Complaint; The document that a defendant files in court to respond to a lawsuit. Unless the fee is waived by the Superior Court for financial hardship, each defendant must pay the Clerk a “first appearance fee” to file an answer to complaint. Unless extended by the plaintiff’s attorney or the Superior Court, the answer should be filed within 30 days of personal service or 40 days of substitute service. more –>