If you owe money to a creditor, they will eventually take steps to get that money back. This may be in the form of emails, calls, and formal letters requesting payment. When you still do not pay back the money the creditor is looking for, you may be sued for nonpayment of a debt.

What should I expect from a creditor lawsuit?

The first step a creditor will take is to file a formal complaint against you with the court, listing you as a defendant and explaining why the creditor is suing you and what they are seeking in compensation. Compensation can include the debt that you owe, interest, and attorney's fees and court costs for bringing you to trial. This complaint must be served to you with a summons, letting you know that you are being sued.

Once you have been served, you have 20 to 30 days to file a response to the lawsuit and pay a filing fee to the court. The response should include any possible defense that applies to your case. At this point, it will be in your best interests to retain an attorney to represent your interests.

A lawyer will be instrumental because they:

• Sort out defenses that can be used against the creditor
• Prepare the written response to the lawsuit
• Guide you through the trial process
• Have knowledge about the court rules and procedures

In addition, an attorney can help prevent the court from filing a default judgment on the case. This default judgment can consist of the total amount of money that the creditor initially asked of you. A lawyer can also explain why accepting a default judgment might be in your best interests. Specifically, if you have no possible defenses to the money that you owe, avoiding court will be best. Meeting with a legal representative will truly be the only way of knowing if some defense or violation was committed that you were unaware of.