How to Avoid Being Served with a Debt Collection Lawsuit | Summary and Q&A

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June 7, 2017
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Consumer Warrior
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How to Avoid Being Served with a Debt Collection Lawsuit

TL;DR

Learn how to handle the service of process, as avoiding it does not prevent a lawsuit, but accepting it can provide an opportunity to build a strong defense.

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Key Insights

  • ❓ The Consumer Warrior Project offers valuable resources for individuals who cannot afford legal representation.
  • 🥺 Falling behind on debts can lead to being sued by the original creditor, junk debt buyers, or collection agencies.
  • 👻 Avoiding service of process does not prevent a lawsuit; accepting it allows for a timely response and potential defense.
  • 🐕‍🦺 Alternative service methods may be used when traditional service is unsuccessful.
  • ❓ Default judgments can result from failing to respond to the complaint and summons.
  • 💪 Accepting service of process provides an opportunity to gather information about the lawsuit and build a strong defense.
  • 💼 There are often viable defenses available in cases involving junk debt buyers and creditors.

Transcript

everybody John Skiba here from the Arizona consumer law group and the consumer Warrior Project and you know I've had a few questions as far as what the consumer Warrior Project is it's kind of an extension of my law practice here in Arizona that's really geared towards helping people by providing tools and resources that you can use on my website f... Read More

Questions & Answers

Q: What is the Consumer Warrior Project?

The Consumer Warrior Project is an initiative by the Arizona consumer law group to provide free or low-cost tools and resources for individuals who do not need to hire an attorney or cannot afford one.

Q: Can avoiding service of process prevent a lawsuit?

No, avoiding service of process does not prevent a lawsuit. Instead, it may result in alternative service methods being used, such as sending a copy to the last known address or posting it on the door.

Q: Why is it important to accept service of process?

Accepting service of process allows you to be aware of the lawsuit and triggers the deadline for responding to the complaint and summons. Failing to respond can lead to a default judgment and potential garnishment of wages.

Q: Are there defenses available when sued by junk debt buyers or creditors?

Yes, there are often strong defenses available in cases involving junk debt buyers or creditors. It is advisable to accept service and seek legal advice to explore potential defenses.

Summary & Key Takeaways

  • The Consumer Warrior Project is an extension of a law practice aimed at providing tools and resources to individuals who cannot afford legal representation but still need assistance.

  • Falling behind on debts can lead to being sued by creditors, junk debt buyers, or collection agencies.

  • Service of process involves receiving a copy of the summons and complaint, and avoiding it does not prevent a lawsuit, but rather triggers alternative service methods.

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