YOU HAVE BEEN SUED
That’s what the notice says. The credit card that was charged off months ago, or even years ago, has been purchased by a debt collector. They have now filed suit on the account. You recall receiving a notice in the mail threatening this lawsuit, but since you had no ability to pay the balance, you ignored it. In these difficult times, it is an all-too-common story. Many people ignore the demand letters that precede these lawsuits as idle threats. But what do you do once you have been sued?
“What should I do?”
Call an attorney immediately. Correct and timely preservation of your rights is essential. Once you have been sued, your time to preserve your legal rights starts running. Some debt collectors will include a request for disclosure with their original petition. Others will even add interrogatories, requests for admission, and requests for production with the original petition. The clock starts running as soon as the citation is served on you, the defendant.
“But, I never lived in the county where I’m being sued.”
Suits filed on consumer debts must be filed in the county in which the contract was signed or the contract in which the debtor resides. Debt collectors are typically overwhelmed and work on volume. They will sometimes file suit in the wrong county.
Give DUNN PLLC a call and we’ll see if we can help you.