Sued by a debt collector: if the case doesn’t settle, do I need to go to trial?




If we have answered your debt collection lawsuit, but the lawsuit does not settle, do you need to go to the trial of your case?

Might sound like a silly question.

And the debt collector who sued you would certainly want you to be at trial.

But we don’t care what they want.

We, as your lawyer, care about what is in your best interest.

So the question becomes, “Is it in your best interest to be at the trial?”

Only if you can be there to help win your case. Sometimes you are needed — for example sometimes with a statute of limitations defense we might need you there to testify.

But we don’t need you there to testify about whether Cavalry, LVNV Funding, Midland Funding, Portfolio Recovery, Unifund, etc. actually owns the debt.

You have no way of knowing this so you can’t testify to this. You can only testify as to things you have personal knowledge of — and you have no idea whether they bought the alleged debt or not. (And based upon a decade of doing these cases, they have no idea or no evidence if they actually bought the debt either!)

Our normal procedure is to not have you at court but we will tell you before the trial date whether you are needed at trial or not.

Hope this answers your question!

Our next blog post will be on what happens if your case settles.

We hope you find this and the other posts in this series helpful and if we can help you, feel free to call us at 205-879-2447 or click on the red button below and we’ll get right with you.

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John Watts

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