In a debt collection case, the plaintiff is the party that initiated the lawsuit, while the defendant is the party that is being sued. The most common reason for a dismissal is when the plaintiff and defendant reach a settlement agreement. You can find this and other essential rules in the civil procedure laws in your state or county. Do you find it hard to fix your credit report? When can I file a motion to dismiss? Learn how you can beat each one. How to get power of attorney over a sibling? As soon as you file for bankruptcy protection, the automatic stay goes into effect, which stops all collection activity against you. Jha dismissed concerns that the ending of the international traveler vaccination requirement would increase the risk of a new variant from overseas entering Yes, if you can prove that you never received proper notification of the lawsuit, the case may be dismissed due to improper service. Can They Garnish Your Wages for Credit Card Debt? What Is Chapter 7 Bankruptcy & Should I File? If you successfully dismiss the lawsuit, you may ask the judge to award court costs to be paid by the plaintiff. No one likes to read more ->. Well, there are a few different outcomes that typically depend on the creditor youre working with and the size of the debt. It is a favorable action on your part because if there is no response, the judge may rule the case against you. Knowing your rights when dealing with debt collectors and lawsuits is essential. There are some reasons why the case may not be valid. If you received a Petition and Citation, then you are being sued. Awareness of these nuances can prove valuable in mounting a defense against a debt collection lawsuit. Your account will read as charged-off on your credit report, which may decrease your credit score., The debt collector who purchased your debt will then begin collection activity against you. Should I File Bankruptcy Before or After a Judgment? If the Complaint doesn't show that the plaintiff suffered damages, then you may file a motion to dismiss because the Complaint didn't contain that essential element. Though relatively rare, this is typically done in cases where the creditor knows the debtor has the means by which to repay the debt but is refusing to. Is this a legitimate service? Step 2: The court receives the filing and processes it. "Finding yourself on the wrong side of the law unexpectedly is kinda scary. If all collection activity fails and you continue to default, a debt collection lawsuit can be filed against you. So what happens if you have a debt lawsuit filed against you?
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