If you have a creditor that has filed a collection lawsuit against you, be sure to read my blogs titled “Collection Lawsuits in Arizona – Part 1″ and “Collection Lawsuits in Arizona – Part 2.” This is the final blog on this topic and it will focus on the option of resolving your collection dispute with a combination of settlement and litigation.
It is common for creditors, especially debt-buyers, to file a petition without attaching any of the evidentiary documents. This makes it difficult for you to determine the strengths or weaknesses of their case. At some point, all parties involved in the lawsuit will be required to exchange the documents they have that support their position in the case.
Defendants (the borrowers) often use the strategy of filing an Answer in the lawsuit and then wait to see what documents the debt-buyer has to support their allegations. If the evidence is sufficient to support the creditor’s position, your best option may be to pursue settlement. However, if the creditor has insufficient documentation to support their case, litigating the issue may be your best option.
In sum, it is important for you to take your time and evaluate all of your options. Contact an experienced attorney like Dan Dodds as soon as you are served with the lawsuit. Consulting with a lawyer to help you strategize, negotiate, or even litigate, may be the difference between success and failure!
If you would like to discuss your problems with debt collectors, call The Dodds Law Firm, PLC, at 623-209-8923. The Dodds Law Firm, PLC, serves clients primarily in the areas of Fair Debt Collection Practices Act violations, Chapter 7 and 13 bankruptcies, and issues of Unfair or Deceptive Business Practices. Our firm is committed to protecting the rights and benefits afforded to all individuals under state and federal law, as well as the U.S. Constitution.