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I think Im going to be sued for a debt. Someone keeps coming

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

I think I'm going to be sued for a debt. Someone keeps coming by my house and I have not been at home but they have left messages with my family they need me to sign for a letter. What should i do, sign for the letter or try to avoid them? I'm behind on several accounts, so I'm not sure which credit card it is.

 

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State/Country relating to question: California

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Submitted: 303 days and 15 hours ago.
Category: Consumer Protection Law
Value: $38
Status: CLOSED
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Expert:  JD 1992 replied 303 days and 14 hours ago.

It really only delays things and can actually result in a default judgment if you constantly avoid service. at some point you are going to get legally served with the papers. This may be in person or it may be by "substituted service" when they post notice in the newspaper, but dodging service is not going to prevent the lawsuit. If you get served by publishing in the newspaper then you may never know that you were actually served and end up with a default judgment against you, never having had the chance to defend yourself or make sure it was for a a proper amount.

Overall it is usually better to just bite the bullet and receive the papers.


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We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

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Customer replied 303 days and 14 hours ago.

When i sign for the papers and i have the 30-days to respond. I'm pretty sure I owe the amount,but should I hire an attorney to respond? Once they sue, is there a chance they will negotiate a payment plan or do the usually want all the money at once and they'll garnish my paycheck? Is there a law that prohibits a maximum amount they can garnish my pay per paycheck?

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Expert:  JD 1992 replied 303 days and 14 hours ago.

If you can hire an attorney it is always better to do so. The attorney can usually negotiate a settlement that is lower than what you would have to pay if you represent yourself and they may even be able to negotiate a payment plan.

Usually a judgment is all due at once, they are not required to take a payment plan although some creditors will.

They can garnish your check and it is limited to 25% of your wages.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

 
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