Borrowers who have unpaid bills may find themselves facing a lawsuit, after all other collections actions have been exhausted. Mounting a debt lawsuit defense Long Island takes a few simple steps, and may result in a dismissal or other favorable outcome for the defendant. Knowing the steps in the process, and what to do during each step, will help borrowers to resolve their liability problems, in the most favorable way possible.
Borrowers have several options for mounting a defense. Borrowers may choose to hire a lawyer, to request legal aid, or to represent themselves as pro se litigants. No matter what option a borrower chooses, borrowers should read the original summons very carefully, because failure to answer within the designated response time, will result in a default judgment.
To answer the summons, borrowers should file Notice of Appearance. Also, borrowers should file their Answer, either confirming, denying, or claiming they have no knowledge about their bills. Within this document, defendants should assert their affirmative defenses, which may include a lack of privity, a lack of cause, or a claim that the statute of limitations has expired.
A Certificate of Service is an important piece of documentation. It states that the plaintiff has been given copies of the Notice of Appearance, the Answer, and supporting documentation. After all of these filings are complete, the case enters the discovery phase. This is the longest phase, and involves a voluminous exchange of paperwork.
After the discovery phase, the plaintiff will file a Motion for Hearing. Plaintiffs will also file a Motion for Summary Judgment, which asks the judge to make a decision without a hearing. The collector has to establish that the defendant is liable for the bill, and must provide either witness or actual business records.
Borrowers have a choice once a Motion for Hearing is filed. One choice is for borrowers to go to the motion hearing, and to present reasons why the case does not deserve a summary judgment. If the judge agrees, then a hearing for the case will be scheduled. Another choice is to go to the motion hearing early, and to offer to settle the bill, with cash in hand, if possible.
After making many phone calls, and sending multiple mailings, collection agencies may choose to file suit against a borrower. Attorneys, or defendants, may execute a debt lawsuit defense Long Island. Paying careful attention to the summons, making correct filings, and attending hearings, are crucial, for the case to work out in favor of the defendant. Read more about: Debt Lawsuit Defense Long Island
Borrowers have several options for mounting a defense. Borrowers may choose to hire a lawyer, to request legal aid, or to represent themselves as pro se litigants. No matter what option a borrower chooses, borrowers should read the original summons very carefully, because failure to answer within the designated response time, will result in a default judgment.
To answer the summons, borrowers should file Notice of Appearance. Also, borrowers should file their Answer, either confirming, denying, or claiming they have no knowledge about their bills. Within this document, defendants should assert their affirmative defenses, which may include a lack of privity, a lack of cause, or a claim that the statute of limitations has expired.
A Certificate of Service is an important piece of documentation. It states that the plaintiff has been given copies of the Notice of Appearance, the Answer, and supporting documentation. After all of these filings are complete, the case enters the discovery phase. This is the longest phase, and involves a voluminous exchange of paperwork.
After the discovery phase, the plaintiff will file a Motion for Hearing. Plaintiffs will also file a Motion for Summary Judgment, which asks the judge to make a decision without a hearing. The collector has to establish that the defendant is liable for the bill, and must provide either witness or actual business records.
Borrowers have a choice once a Motion for Hearing is filed. One choice is for borrowers to go to the motion hearing, and to present reasons why the case does not deserve a summary judgment. If the judge agrees, then a hearing for the case will be scheduled. Another choice is to go to the motion hearing early, and to offer to settle the bill, with cash in hand, if possible.
After making many phone calls, and sending multiple mailings, collection agencies may choose to file suit against a borrower. Attorneys, or defendants, may execute a debt lawsuit defense Long Island. Paying careful attention to the summons, making correct filings, and attending hearings, are crucial, for the case to work out in favor of the defendant. Read more about: Debt Lawsuit Defense Long Island
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