Sued by an original creditor — learn about your five options




Being sued by an original creditor (credit card company, car company, hospital, etc) is no fun and it is somewhat different than being sued by a debt collector or debt buyer.

Different rules can apply to debt buyers (Asset Acceptance, Midland, etc) than to original creditors (AMEX, Bank of America, Capital One, etc).

But you still have five options when sued:

1. Do you file bankruptcy (not likely but possibly appropriate)
2. Do you fight the lawsuit on your own (won’t cost you any money on a lawyer but will cost you time figuring out what to do and doing it)
3. Do you settle the lawsuit on your own (again no lawyer money but make sure you get this right)
4. Do you pay money to a lawyer to fight the case (costs money that you trust will give you a better chance of victory)
5. Do you pay money to a lawyer to settle the case (make sure this is a better deal than on your own in terms of money or peace of mind).

Our video above covers these in about 13 minutes and then in the rest of the video we answer questions that are often asked:

**What if I (or my collection lawyer) talk to the collection lawyer about settling, does this mean I admit I owe the debt?

**What is a judgment?

**What is a “consent judgment” and why is this normally bad?

**Should I hire a mediation company like Ferry & Nicholas, Inc. that sends me an advertisement letter?

**If I file my own answer, where do I take it?

**What do I do if the collection lawyer brings a witness to the trial?

**The debt was charged off so I can’t be sued, right?

**Why should I pull my credit reports?

**How do I pull my credit reports?

**Isn’t it illegal for collection lawyers to sue me on an old debt in Alabama?

**How do I know the collection lawyers have truly bought the debt they are suing me on?

**What is discovery in a collection case?

**What is a summary judgment motion in circuit court?

**If I hire you and the case does not settle but goes to trial, do I need to be at the courthouse?

**What happens at the trial of my case?

**Explain what happens if I go to trial and win my case.

**What are the options on appeal if I lose my case or if I win my case?

**Why does the creditor who sued me have to delete its account on my credit report if I win the case?

**Have you ever had a client sued by a creditor and you won the case then sued the creditor?

**What should I do now?

If you want to go over your options, feel free to call us at 205-879-2447 and we will set up a phone consultation at no charge and you’ll leave that consultation with a clear understanding of your rights and options.

John Watts

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