How do I get a copy of my Credit Report? Understanding your credit report What can I do about a problem on my credit report? What can I do about bad credit? What are my rights? What can I do about debt collectors? Am I being sued? What papers will I get? What do I do about a Summons and Complaint? How to file an answer When and where to file an answer Defenses and Counterclaims After I file an answer?
What if I do not file an answer? What is Discovery? How can discovery help me? How do I get discovery? What if plaintiff does not respond to my discovery requests? At court? Tips for court? What if I do not show up at a Small Claims Hearing?
I do not have the money Why am I being sued again? What is Supplemental Process? Skip to main content. Topics Consumer. If you get a summons saying that you have been sued for a debt or another reason, you should do the following: Learn what type of case you are involved in. The simplest way is to look at whether the summons gives you a specific date to appear in Court.
If it does give you a specific date, you are involved in a limited action case. If it does not give a specific date, it may give you 20 days from receipt of the paperwork to file the answer. Here, you are involved in a "Chapter 60" case. Determine the date for appearing in court or filing your answer.
Put that date on a calendar, so you don't forget. Failing to meet the deadline means that you lose the case, even if you have a good defense. Learn more about the process for handling the type of case you are involved in. Click below to learn about Limited Action Cases and filing answers. Limited Action More info will be added about Chapter 60 cases at a later time. Savings accounts usually are fair game in a lawsuit. However, retirement accounts, such as a k and IRAs , are typically protected from a liability lawsuit.
Note that although k retirement plans are protected under the Employee Retirement Income Security Act of , individually held IRAs get only a partial exemption in bankruptcy.
So you would have to rely on state laws for protection. When Mario Iveljic, a partner at Mag Mile Law, issues a citation to discover assets in Illinois, he leaves no stone unturned. His firm asks for all checking and savings accounts, partnership agreements and records of partnerships, real estate including timeshares , trusts, contents of all safety deposit vaults, titles to all properties and a complete list of jewelry, art objects and personal property.
But how does the court know about your assets? A creditor can require your appearance at court for an asset hearing, where the creditor can ask you questions under oath about your assets and demand you produce documentation regarding your wealth and ability to pay.
Wirth, an attorney with the Wirth Law Office in Oklahoma. If the creditor believes that you have certain assets that could be sold to go toward the judgment, the creditor can request a writ of assistance ordering law enforcement to accompany you to your home to inspect and confiscate non-exempt property.
Thinking of hiding your assets? Just because they can take your assets, does that mean they will? Not necessarily, says Tina Willis, a personal injury lawyer in Florida. The exception? Then, says Willis, lawyers would look closely at whether the defendant had any likely collectible assets. It pays others when you accidentally cause injuries or property damage.
Those cases can result in eight-figure judgments. Without insurance, that one accident could cost the driver everything he has built up over a lifetime of hard work. Business liability policies typically cost no more than a few hundred dollars annually, says Zeshan Jeewanjee, CEO of One Day Event Insurance, a specialty provider of liability insurance.
Umbrella insurance is a standalone policy that adds extra coverage to your existing liability insurance. Read through each page thoroughly and find out:. If you have a difficult time determining any of these things, you should consider meeting with an attorney or making an appointment at your small claims court's self-help center as soon as possible.
Sometimes the plaintiff—the person suing you—doesn't follow all of the procedural legal rules properly. Do not be tempted to simply not show up in court just because you think there's a procedural defect in the plaintiff's case. A judge can easily overlook even a major technical problem and, as a result, enter a judgment against you by default. If this happens, you will have to go to the trouble of requesting that the judgment be set aside vacated.
Contact the clerk immediately to explain the problem with the way the plaintiff delivered the court papers or with the court location and ask that the case be delayed continued to a date that is convenient for you or transferred to the correct court. If the court clerk can't help you, then seek legal assistance. Out-of-state defendants.
If you don't live or do business in a state where you are sued, a court normally doesn't have power jurisdiction to enter a valid judgment against you, unless court papers are served on you while you happen to be in that state. Exceptions exist for people who live out of state but own land in the state where the lawsuit was filed or got into a traffic accident in that state.
If you are an out-of-state resident and receive small claims papers via the mail, promptly write a letter to the court explaining that you do not believe you are subject to the court's jurisdiction. Stay in touch with the court clerk until you are sure the case has been dismissed. Learn more about filing against an out-of-state defendant in small claims.
If the plaintiff has some right on his side, but you believe you are being sued for too much, contact the plaintiff and try to work out a settlement.
One good approach is to call, write, or email the plaintiff and make an offer. How much to offer depends on the strength of your defense and whether you think the plaintiff's estimate is reasonable or substantially inflated. Assuming the plaintiff has a strong legal position that is, you probably are legally responsible for the plaintiff's injuries or damages and is asking the court for a reasonable amount, you might begin by making an initial offer to pay about half of the plaintiffs demand.
Even with a strong case, the plaintiff may be motivated to accept your lowball offer, if for no other reason than to save the time it takes to prepare for and appear in court. If the plaintiff is asking for way too much, or you are not sure that a judge would rule in the plaintiff's favor, you'll want to offer less.
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