was served with lawsuit from collection agency now what
State/Country relating to Question: Texas
Hello and thank you for your question. The first thing you need to do is file an answer to the complaint, or the document included with the Suns when you were served, as soon as possible. Depending on how you were served, you will have either 21 or 28 days to file a response to the collection's complaint. If you allow this 21 or 28 day period to expire, the collection agency will be in a position to request a "default" against you. The default is a document that is filed with the court that essentially states that you have forfeited your right to defend yourself in the collection's case. Defaults can be removed, but they must be done so by a motion to remove default or set aside default. After a default is entered, the collection agency can then move for entry of a default judgment. A default judgment essentially says that not only did you not respond to the original complaint, but you did not seek to have the default set aside, and therefore, it is presumed that you do not intend to defend yourself or participate in the case. Based upon that, the court can enter a default judgment against you, granting the collection agency all of the relief they asked for in the original complaint.My best advice to you is to contact the Bar Association for the county in which you reside, and ask for a short list of debtors rights attorneys and begin making phone calls. You will absolutely need legal representation in this matter.I hope this answers your question and that you have found this information helpful. If there is something that I have not explain clearly, please do not hesitate to ask a follow-up question. Also, please remember to click on the "accept" button so that I may receive credit for this answer as well as any comments or feedback you may have. I wish you the best of luck in pursuing your case.
14 years of experience in all areas of family law.
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