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I have been sued for 'services rendered and not paid'. I am

Customer Question
I have been sued for...
I have been sued for 'services rendered and not paid'.
I am away from the state where the 'clock is ticking' and I understand that I have 21 days from March 14th to respond. I won't be back in the state where this was filed until the first of April, late, which is a Friday so I want to respond and work out a payment schedule as I am willing to pay what is due. But I don't know how to proceed. I had thought I had hired someone and we spoke on the phone and he asked me to email him the documents which I did and then he went silent. I feel that somehow now others seem to know of this suite, which was filed in a court far away from where I live...I feel like that attorney was 'fishing' and wasn't sincerely ***** ***** help me. But I realize that that is not the real issue here. Time is of the essence.
Submitted: 1 year ago.Category: Legal
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Answered in 6 minutes by:
3/25/2016
Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,540
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I have read your comments but I am not quite sure what your specific legal question is that I can help with?

.

Have you contacted the creditor or their attorney to speak with them directly about a settlement?

.

.

thanks

Barrister

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Customer reply replied 1 year ago
of course.
His answer was, you have 21 days from March 14th and I want payment in full. I want to respond "officially". Otherwise, a judgment will be filed against me and it will appear as though I didn't care to even respond.
Customer reply replied 1 year ago
I want to respond to the complaint itself, to the court itself. And I don't know how to do that.
Lawyer: Barrister, Attorney replied 1 year ago

Ok, then you will need to file an Answer to the complaint.

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This is a link to the Michigan court Answer form: MI Answer Form

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You complete it and then file it with the clerk of the court and mail a copy to the plaintiff. You can contact the clerk of the court to get an address and should be able to mail the Answer in to the court..

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However, if you respond to the complaint by filing an Answer, the case will then go to a trial and if you don't have any legal defense and the contract makes you responsible for legal costs and attorney fees, then the amount you owe will go up substantially.

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So if you don't have a legal defense to their claim (i.e. you paid it, it isn't you, the statute of limitations is up, etc.) then it will actually save you money if you let them get a default judgment as they won't have a day's worth of attorney fees at $250-350 an hour to add on to the eventual judgment.

.

.

thanks

Barrister

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Customer reply replied 1 year ago
Won't a default judgment become a credit red mark forever and a day?
Customer reply replied 1 year ago
I don't want to dispute the amount, though it is higher than the original bill. I just cannot pay the whole amount right now as it is thousands.
Lawyer: Barrister, Attorney replied 1 year ago

For 7 years yes. But if they are demanding full payment then they aren't going to dismiss the case unless you have paid them in full. They know if they get a judgment, they can garnish your wages and levy on bank accounts to collect.

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So if you fight it and lose the costs are going to go up along with any eventual judgment..

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You could contact them and tell them that if you can't settle this with a payment plan, you will have to file bankruptcy to discharge this and some other debts. They will know that they get nothing if you actually filed BK, so that will give you some leverage in negotiating a settlement.

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So the best sequence of events would be you either let them get a default judgment and then settle with them after threatening to file BK, or you file the Answer and then settle before any actual trial.

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.

thanks

Barrister

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Customer reply replied 1 year ago
If it is paid in full, does the suit "go away"?
Lawyer: Barrister, Attorney replied 1 year ago

If it was paid before they got a judgment then yes, the underlying cause of the lawsuit would no longer exist. But if they got a judgment, that stays on your credit report for 7 years.

.

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thanks

Barrister

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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,540
39,540 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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