Being served with a lawsuit from a debt collector can be an overwhelming experience. Not only do you have to worry about the implications of being sued over a debt, but you may also wonder whether or not you’ll need to appear in court to fight for the best possible outcome for your circumstances. If this reflects your circumstances, it’s critical to keep reading, as the following blog explores what you should know about these matters, including what you can expect if your debt collection case proceeds to trial. In addition, you’ll learn the importance of connecting with a San Diego consumer lawyer to explore your legal options.
Will a Debt Collection Case Proceed to Trial?
First and foremost, it’s important to understand that the vast majority of debt collection lawsuits are settled out of court. In many cases, debt collectors can win by receiving a default judgment, which means the debtor failed to respond to the lawsuit, and the court automatically granted the collector the relief sought in the lawsuit. As such, they may proceed with collection efforts like wage garnishments or placing liens on your property.
In other instances, you can avoid going to trial by settling out of court, which is another common outcome to avoid going to trial. This means both parties can reach a settlement amount, meaning you may be able to compromise with the other party to reach a resolution. In debt collection cases, this typically is the result of negotiating a monetary amount to repay a portion of the debt.
However, you may also be able to successfully challenge the legitimacy of the debt. For example, you may be able to prove that you paid the debt, the statute of limitations for the debt in question has elapsed, or the debt collector cannot prove they have the legal right to pursue compensation for the outstanding amount. In these instances, the case against you may be dismissed by the court.
What Happens During a Trial?
In the rare event that your case proceeds to trial, it’s important to understand what you can expect from this process. In general, you’ll find that your attorney will present your case on your behalf, which includes providing evidence and arguments to explain why the debt should be dismissed. The collector and their attorney will dispute these claims and provide any evidence they have as to why you owe the debt. After examining the information presented, the judge or jury will issue a decision on the matter.
As you can see, there are a number of potential outcomes if you are sued in regards to an owed debt. As such, it’s in your best interest to connect with an experienced attorney as soon as possible to explore your legal options. At Barthel Legal, our firm understands how complicated these matters can be, which is why we will do everything possible to help you fight for the best possible outcome. Contact us today to learn more.
