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Sandt Law LLC > Being Sued by a Debt Collector  > Don’t panic but you’re being sued by a debt collector.

Don’t panic but you’re being sued by a debt collector.

Debt Buyer Debt Collector Lawsuit Complaint Georgia

When you find out you are being sued by a debt collector, don’t panic. Make a game plan to deal with the lawsuit so it doesn’t ruin your financial future.

Finding out you are being sued by anyone, especially a debt collector, is a stressful and scary situation. I know, I’ve been there. Keep in mind that the steps you take in response to the lawsuit may dictate your financial future for many years to come. Although financial times might be difficult for you right now, they may not always be this way. If you do nothing in response to the debt collection lawsuit, you may be facing a default judgment that will be hanging over your head down the road when your financial situation starts looking better. Don’t forget, in Georgia judgments are renewable and can last indefinitely! In addition, Georgia judgments accumulate post-judgment interest, meaning the balance of the judgment can grow over time. When you get back on your feet, the last thing you want is for your wages or bank account to be garnished or to have a judgment prevent you from getting your new home. Deal with it now and move on with your life.

DON’T PANIC AND ACT OUT OF DESPERATION!

Contemplate your options and don’t do anything out of panic.  Sometimes, people panic when they learn about a debt collection lawsuit (sometimes through legal advertisements in the mail) or when are served with a debt collection lawsuit. The initial instinct is to make the lawsuit go away as fast as possible. They call the debt collector and attempt to strike a settlement to avoid going to court.  Simply calling the debt collector to discuss possible settlement arrangements does not alleviate your responsibilities as a defendant to file a timely Answer with the court and show up for court when you are directed if you want to avoid a default judgment against you. Nothing you do will change the fact that a lawsuit has been filed against you. The matter is public record. You are better served by contemplating your options and developing a plan. Making decisions out of desperation may cost you a lot of money and headache down the road.

AVOID A CONSENT JUDGMENT IF YOU CAN

Obviously, you are not in a powerful negotiating position at the point in which you have been served with a debt collection lawsuit. The debt collector knows you are calling because you learned about the lawsuit or were served with the lawsuit and you are desperate. If a debt collection lawsuit has been filed against you, the debt collector will likely encourage you to quickly sign a consent judgment to settle the debt. Signing a consent judgment may not be your best option. In fact, there are serious consequences that can affect your financial future for years to come if you default on a consent judgment. Read in-depth about the potential consequences of a consent judgment here.

MAKE A PLAN

Generally, when you are served with a debt collection lawsuit in Georgia, you have thirty days to file your response to the lawsuit (an “Answer”) with the clerk of court. Determine the exact date you were served and mark it on the calendar. Then count out thirty days from there and mark that date on the calendar. (If the 30th day is a weekend or holiday, go to the next business day). Before that 30th day arrives, you need to have a plan for what you are going to do. If you care about your financial future, your plan will not be to simply ignore the lawsuit.

IDENTIFY THE DEBT

Determine whether you can identify the debt for which you are being sued. The lawsuit likely has very little information about the debt attached to it, but it may be enough to match it up with other documentation you may have.  Do you have any statements from the original creditors that may show an account balance or account number?  Have you pulled your free credit report lately to see what accounts are listed there?  Did you keep any collection letters to help track where this debt came from?  Even if you recognize the debt as being yours, this does not mean you don’t have potential defenses available to you in the lawsuit, especially if a debt buyer is suing you for the debt.

Even if you don’t think the debt is yours, take the lawsuit seriously.

If you are served with a debt collection lawsuit and the debt belongs to someone else, you must assert that defense to the lawsuit or you will get a judgment against you. I once had an individual call me to discuss a judgment that had been issued against you. He had a very common name (think “Jason Smith or “Robert Jones”) and he was served with a debt collection lawsuit for a debt that did not belong to him. It belonged to someone else who had the same name. He figured that since it wasn’t his debt, they couldn’t get a judgment against him. He didn’t do anything in response to the lawsuit. By the time he was calling me it was because his bank account had been garnished by the debt collector. They had secured a default judgment against him because he didn’t file an answer to the lawsuit. If he had dealt with the issue from the start, it could have been resolved. Instead, he ended up learning an expensive lesson the hard way. Even if you don’t think the debt is yours, take the lawsuit seriously because it can negatively affect your financial future.

Get a free case evaluation.

I offer free case evaluations by telephone for debt-collection lawsuits. I have handled hundreds of debt collection lawsuits across Georgia. Let’s talk through your options.

Contact me today to schedule your free case evaluation.

Jill Sandt

I am an attorney in Georgia focused on helping people fight debt-collection lawsuits.

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Read about my client's experiences.

Google Reviews

It was my pleasure dealing with Jill. She was professional and kept me informed every step of the way. She corresponded with me in a way I could understand. The fees she charged for her services were more than reasonable. I could not have asked for a better or more professional attorney to handle my case. The silver lining we got the best results possible! I was more than pleased and would choose her again in a minute to handle any case of this nature!

Mrs. Treadwell

Avvo Attorney Reviews

I was sued by a debt buyer that I did not believe properly owned the debt based on the documents submitted to the court. I initially responded but decided to pursue a professional to defend me. I came across a video with Attorney Sandt describing her experience with a debt collector and her passion for helping others. I contacted her and she was very supportive, non-judgmental and transparent about the process. She took on my case and it was eventually settled in my favor. If you are in a similar situation, I would definitely recommend Attorney Sandt!

Anonymous

Google Reviews

There is a simple reason for Jill's stellar 5-star track record. Jill is an excellent attorney who advocates for her clients. Plus, she is a genuinely nice person! Jill was extremely professional, knowledgeable in her area of expertise, compassionate, and tenacious with our business and personal consumer debt cases. We encountered unexpected twists and turns caused by the plaintiff's representation. However, Jill handled each instance and/or delay beautifully and ensured that we fully understood what was transpiring. Both cases were resolved very satisfactorily and we are extremely pleased with the outcome. We highly recommend Jill Sandt to anyone in need of an experienced consumer protection attorney.

Mrs. Ridley

Google Reviews

Ms. Sandt dispatched my legal issue with efficiency and with a quickness we did not anticipate. She stayed in contact during the process and explained everything so that I could understand. Highly recommend!

Jason

Avvo Attorney Reviews

Jill turned what was an unsettling experience into a great experience. She’s compassionate, and extremely thorough. She explained things every step of the way. Very pleased with the outcome of my case.

BT

Avvo Attorney Reviews

Hiring Jill Sandt as my lawyer has been one of the best financial decisions I’ve made recently. She thoroughly researched information related to my case, and she went above and beyond for me. She achieved results that I didn’t think were possible. These amazing results were also accomplished much quicker than I anticipated. I 100% recommend using Jill Sand of Sandt Law LLC as your lawyer if you need any type of assistance when dealing with a debt collector. She is completely worth it!

Joshua