Being sued for debt is a terrifying experience; getting sued for anything is.

Oliver Wendell Holmes said that being sued was, next to death, the “scariest” thing and that he should have known. He was president of the Supreme Court.

sued for debt

Being sued is especially bad for people who are sued for debt. They are already going through bad economic times, usually made worse by the company that is suing them now. And a date is usually given for a court appearance that is only a few days away when the defendant receives legal notice.

How can someone without a lot of money get a lawyer or figure things out quickly enough to get ready for court? It seems impossible, and that’s why so many people sued for debts don’t come forward or make any defenses. Approximately 80% or more of these cases are resolved by sentencing “in absentia”, which means that the defendant did not appear in court. Debt collectors have always tried to maximize that number by making their cases look much stronger than they are.

It’s bad for the person being sued, but it’s not. that bad.

You can “amend”

Presenting the answer itself is, as I pointed out earlier, a fairly simple thing. You can do it yourself by following a few basic instructions. It’s not that hard, and it’s okay if you don’t get it perfect. You can file an “Amended Response” later if you find out a few more things you need to say.

The role of “discovery”

The petition is supposed to give you a pretty good idea of ​​why the company is suing you. In most states they have to say exactly, and in all states the petition must put you “on notice” at least for what debt is being pursued. But the legal process certainly doesn’t anticipate that you’ll know everything you need to know right away. Instead, you will do what is called “legal discovery,” which is a process of finding out what, if anything, the debt collector can prove.

You may be pleasantly surprised.

You can find out what documents they have, if any (and often they don’t). When they start the case, they rarely have real evidence, relying instead on “computer tape,” electronic records that supposedly show you owe money. If you force them to try to find the actual documents or supporting records, they are often destroyed.

During discovery, you can also find out if you’ve been lied to or played other dirty tricks during the collection phase, which happens all too often. And after a certain amount of discovery you can modify your answer to make better answers and add counterclaims if you have any.

How to modify

You will file a modified answer by “motion,” which is the legalistic way of saying “request.” You file what is called a “Petition for Permission to File an Amended Answer.” In this motion, you ask the court for permission to file an amended answer and say why you need to do so. “I have learned new things”

“I want to be more precise,” “I’ve had time to find out the facts,” or “I discovered a few things in discovery” are frequently the reasons people give.

It is not a big thing. The court is required to exercise its discretion “liberally” to allow people to defend themselves. It’s just basic fairness: the legal system favors decisions based on the actual merits (or values) of the case rather than technicalities. So it just comes up with a new answer to everything, and

replace the old buttstock and barrel lock.

Just remember, the crucial thing is to respond to the request in the first place. If you deny that you owe the money at this time, you will probably have plenty of time to think about it. Then you can strategize and plan your defense. So as urgent as the moment The answer is that it doesn’t have to be perfect. If you deny that you owe the money, you will have time to correct it later.