What is a collection suit? It is a civil action that is initiated against the consumer in order to collect the debt. The debt collector will file a suit against a consumer in court. However, it does not include any collection efforts (post-judgment).
So if someone borrowed money from you and it has been a long time and that person is not returning the amount, it is normal for you to be worried about that. But what can you do? Is there a way to get back the amount? These are some of the questions that will come to your mind.
And the answer to your question is,
Yes, there is a way and a legal one on top of that. You can file a suit against the person who has borrowed money from you. This lawsuit is called a ‘collection suit”.
Things you need
If you are planning to file a lawsuit against someone who has borrowed money from you, you will need to have and know a few things. So let’s look at them.
1 – Your lawyer
The first and most important thing that you will need is a lawyer. He will be taking care of your case and presenting it to your benefit. Therefore, a lawyer is the most important thing in a lawsuit. If your lawyer is not good enough, you might lose your money. That is why you should pay special attention to this matter and find someone who is capable and also trustworthy.
But the most important quality that you must find in your lawyer is his specialization. He should have experience related to debt collection suits. You can find your debt harassment attorney at yourlegalrightsadvocates.com.
Furthermore, if you need any other details about the attorney, his experience years, and the number of cases you can contact the customer support team. You can go to their website and learn more about them.
2 – All the necessary documents
You must have proof of your transactions. So if you have given some money to someone, you must sign a contract. This will give you proof of your payment. Furthermore, this will be a needed document when filing a lawsuit.
3 – Limitations to a lawsuit
If the debt amount is too small or too large, the court will dismiss your case. Therefore, you need to learn about the limitation of the amount. If your debt amount is within the allowed limit, you can file the case, otherwise, not.
How to win a lawsuit?
If you want to win a lawsuit, you will need to prepare all your necessary documents before time. Furthermore, you will need to respond fast and speedily. In addition to this, you will need to fill out an answer document. So if you want to win your lawsuit and want to proceed speedily, you will need to fill out your answer document professionally. Another thing that you need to take care of is to know all of your possible affirmative defenses.
The steps that you need to follow
If you are planning to file a lawsuit against someone who owes you money, you need to follow these steps.
1 – Filing your complaint
The first step that you need to do is to file a complaint. You will need to contact a lawyer and ask him about the documentation that you will need. Get all the documents and fill them properly. You will also get a fee voucher along with the document, so pay the fee too.
The fee is around $100 or somewhat higher than that.
The next step is to submit your complaint along with the filing fee proof. If the requirements are met and your documents are filled properly and fees are paid, your case will have proceeded forward.
2 – Be there on the dates that you get from the court
As your case will proceed forward, you will get a date from the court. Pay attention to these dates as you will need to be there at that time. If you do not take the order of the court seriously, your case will be pushed behind.
However, you should also know that the court will send a notice to the debt payer. He will be asked to appear in front of the court to answer. The notice will also include the details of the case that you have been sued by this party for that much amount. So you are going to present your case in front of the judge, therefore, you need to prepare yourself for the hearing.
You should also be aware of the fact that if your debt payer files for bankruptcy, this will ultimately trump your case. So make sure to not give someone this much time. And to do so, you need to proceed faster.
3 – Attend the court hearing
You will get the date of your hearing, so you must prepare yourself for that. Also, you should be there on the set date. The first hearing won’t be much longer. Therefore, you will need to be there for around 15 minutes. Make sure you remain calm and answer all the questions politely otherwise, if you are rude and impolite, it will act against you.
On the first hearing, you will need to submit your documents and proof of your being truthful. So if your evidence is strong and the other party admits that he failed to return the amount, you will get a new date for your hearing.
4 – Final Ruling
If the first hearing was in your favor, you will only get the call for the final hearing. So make sure to attend that too. When you go there, the court will ask you for any other evidence or proof, if there is none, they will say the final order and ask the debtor to pay the debt. In addition to this, you should also know that if the debtor does not appear in court, the verdict will be in your favor.