Credit & Debt: If You Don’t Show Up In Court Creditors Win By Default

By James Fox on April 17, 2010, 10:03 am

Creditors often write letters threatening to take the debtor to court. They sound intimidating and often debtors don’t go to the court hearing thinking that there is nothing they can do. Nothing could be further from the truth.

Why Go To Court

Its very important for the debtor to show up in court when a creditor has sent a notice of court proceedings. Yes, its uncomfortable and for many, out of their realm of expertise. If you don’t go to court however, the creditor wins by default. You’ve never even stepped up to defend yourself and you’ll wind up owing hundreds or even thousands more in court fees not to mention the original debt itself.

Going to court is well worth your while though, often debts are sold from one creditor to another on a regular basis. These companies are in the business of selling the debts back and forth between companies in an effort to gain more money from you and each other. The key is that often when a company buys your debt from another company, no documentation comes with it. No forms, no explanation, only the fact that you, the debtor, owe a set amount of money.

What To Do In Court

When you go to court its very important to demand to see the documentation supporting their claim that you owe the debt. Frequently creditors don’t have the documentation and the judge will simply dismiss the case. Its to your full advantage and completely within your rights to see any and all documentation demanding a debt. Without documentation, the judge has no recourse but to dismiss the debt.

Legal Aide

If you feel you need legal counsel many states have legal aide societies that will assist you in your case. You have the right to legal representation and if you can’t afford it these legal aide societies will be a valuable resource for you.

 

Never let a creditor walk all over you. Always show up in court and take the chance that they may not have the documentation. Your peace of mind and good name are well worth the few minutes you go before the judge and either agree to a settlement (and of course make payments on the settlement) or better yet, get the entire case dismissed due to lack of documentation.

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