Make the right defense and win in court.
Summary: Have you been ordered to pay a judgment? Not sure if you'll ever come up with the cash? Find out how not to pay a judgment.
If a creditor wins a debt collection lawsuit against you, they're legally obliged to collect the debt you owe. The law refers to a creditor who files a debt collection complaint and wins as the "judgment creditor."
The judgment creditor is given authority by the court to take any of your personal property if you fail to pay the debt in full. Other than your personal property or "attachment" as described by law, debt collectors can also:
- Place a lien on your home or real estate properties.
- Take funds directly from your account.
- Compel your employer to send a specific portion of your earnings directly to them.
- And more.
These measures are usually harsh to creditors who can't raise the debt amount in good time.
Avoid a default judgment by responding with SoloSuit.
Many people assume that the court's judgment in a debt collection lawsuit is final. They're often compelled to pay, fearing that they might lose their personal property if they don't. But this is not always the case; a debtor can still fail to make payments even after a judgment is filed.
You can take certain measures if you're unable to pay the creditor the amount awarded to them by the court. Some of these measures include:
- Attempting to vacate the judgment.
- Filing an exemption claim.
- Filing for bankruptcy.
- Settling with the judgment creditor.
Let's take a more in-depth look at each option.
Vacate the judgment
This involves requesting the court to 'set aside' the judgment for a while. Setting aside a judgment, in legal terms, means declaring a legal decision invalid. In simple terms, the court will revoke or overrule its initial judgment upon request.
When you successfully convince a judge to vacate the judgment, the judgment creditor will lose all the legal powers of claiming a debt from you. They will no longer have a legal claim to collect the debt from you, which means they can't touch any of your personal property, perform a bank levy, or wage garnishment. As a result, the judge will issue a new trial date for the debt collection lawsuit.
Note that you can only vacate a judgment if the decision issued by the court was a default judgment. A default judgment occurs when you fail to appear in court, and the judge rules in favor of the complaint.
Use SoloSuit to beat debt collectors in court.
File an exemption claim
An exemption claim prevents a judgment creditor from taking some of your property or money after the court passes judgment. However, please bear in mind that what is considered exempt in one state may not be exempt in another state.
Common exemptions include:
- Federal benefits and support payments.
- Homestead and property exemption.
- Wage garnishment exemption.
Filing for bankruptcy is the only legal way to erase your debt and not pay a judgment altogether. A court may discharge debts such as payday loans through bankruptcy, but judgments such as student loans or child support cannot be discharged through bankruptcy
Settle with the judgment creditor
This option involves negotiating with the judgment creditor to lower the amount of debt you're supposed to pay. Then, instead of settling the debt in full, you can reach a settlement that favors both parties.
In summation, you'll need an Answer document whenever you need to respond to a debt collections summons. You can create this document by yourself, which is in itself exhausting and time-consuming, or use SoloSuit, the faster alternative.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
How to answer a summons for debt collection in your state
Here's a list of guides for other states.
All 50 states.
Guides on how to beat every debt collector
Being sued by a different debt collector? We're making guides on how to beat each one.
Win against credit card companies
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get answers to these FAQs
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can I Stop Wage Garnishment?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
What Is a Warrant in Debt?
How Many Times Can a Judgment be Renewed in Oklahoma?
Can an Eviction Be Reversed?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
Do I Need a Debt Negotiator?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
How to Liquidate Debt
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
How to Stop a Garnishment
Debt Eraser Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court