Q: What can you do if a creditor filed a lawsuit against you but never served you .
The only reason I am aware of this lawsuit is from a letter I received in the mail from an attorney asking if I would like representation. When I look the case up online it says that they are filing a request for a default judgement. Is there anything I can Do? I am self employed and only made 10,000 last year. I do not make enough money to barely survive on. The debt is from an old hospital bill started at 11,000 and is now up to 20,000. What options do I have?
A: Apparently from you have indicated, a lawsuit was somehow served on you - either directly or someone at your residence accepted the document on your behalf when served. There are lots of questions related to how information can be provided to you, i.e., when was the lawsuit filed with the Court, when was the debt actually incurred, were any payments made on the debt after the debt was incurred? There may also be options for you if you dispute the validity of the debt or validity of service of the lawsuit - however, that requires hiring an attorney. If you do nothing, the creditor will get a judgment against you for the full amount and can then garnish wages, levy bank accounts, or record liens on property. You may also have an option of filing bankruptcy. Seek advice from an attorney as soon as possible. Some, such as myself, offer free consultations.
Sally J. Elkington agrees with this answer
A: You can fight it but it is a losing proposition. File a BK 7. Best of luck
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