Summons & Complaint defense

A Summons and Complaint is the form many of the larger collection lawsuits take. These cases are heard in Circuit Court, a more formal proceeding where the rules of evidence and procedure are usually enforced more strictly, and where discovery can be detailed, long, and confusing. This process is generally used to collect amounts over $5,000, not including interest, attorney’s fees, and costs.

As with any collection case, you must respond by the deadline or the plaintiff will obtain a default judgment against you. Depending on the facts, the case can often be defended or settled for a fraction of the cost of paying the debt.

Five things to know when you’re being sued

1. The collector must follow every rule of court — including the statute of limitations and the rules of evidence — or they aren’t entitled to a judgment. They must prove you owe the money to them, not just that you once owed a bank.
2. The plaintiff carries the burden of proof. Being sued doesn’t mean you lose. A debt buyer must prove you owe money to the debt buyer — not merely to the original creditor (Capital One, Bank of America, Chase, and the like).
3. You have a deadline to respond. You must show up or send a lawyer, or the plaintiff wins automatically by default. In Circuit Court you generally have 21 days from the date you were served. Usually there’s time to think and research — but once the clock is running low, you must decide and act before it expires.
4. Bankruptcy is an option, but rarely the only one. Many Virginians file bankruptcy when they could likely have defeated a debt-buyer lawsuit. Look at any information bankruptcy attorneys send you, but always weigh the option of fighting the case. We are a debt relief agency and can help people file for bankruptcy — but we prefer to find an alternative when one exists.
5. Winning has real upside. If you prevail, the letters and calls about the debt should stop, and your credit report should be cleared of the debt buyer’s account. If they keep calling, or your report isn’t corrected after you request an investigation, you may be entitled to money damages under the FDCPA and/or FCRA against the responsible parties.