What happens if a debt collector has filed a lawsuit against me?

If a debt collector has filed a lawsuit against you in the state of California, it is important to take immediate action. The debt collector must inform you that they are suing you and provide you a written notice of the lawsuit. The notice will include the court name, address, and court case number. Once you receive the notice, it is important to file an official response with the court. This response is known as an "answer." When filing your answer, you will be able to include any defenses or counterclaims that you may have against the debt collector. Common defenses may include violations of state or federal debt collections laws, the amount in your debt is incorrect, or the debt is time-barred due to the statute of limitations. If your answer is not filed within the allotted time frame, a default judgment could be rendered against you. This means that the court will side with the debt collector and you would be responsible for paying the debt plus any court costs and attorney fees. If you do file an answer, the court will then schedule a hearing. During the hearing, the court will hear both sides of the case and rule on the debt. A ruling in favor of the debt collector means that you are responsible for paying the debt. If you win the case, the debt collector will not be able to take any further action against you.

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What happens if a debt collector has filed a lawsuit against me?

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