If you have been sued in regards to a debt, it can be an incredibly upsetting matter, especially if you’re unfamiliar with how these cases are typically handled. Unfortunately, a lawsuit can often induce panic, as many believe they will need to go through a lengthy and time-consuming trial in order to have these matters handled. While it is possible for debt collection lawsuits to go to a trial, this is not often the case. As such, the following blog explores some of the most common outcomes in these matters, as well as what to expect should your case proceed to trial. In addition, you’ll discover the importance of working with a Los Angeles, California debt defense lawyer to help you fight for the best possible outcome for your circumstances.
What Happens During Debt Collection Lawsuits?
If you have been sued over a debt, your biggest fear may be going to trial. However, it’s imperative to understand that this is relatively uncommon. In the vast majority of debt lawsuits, cases are settled out of court. This means you and the plaintiff were able to reach an agreement, typically a monetary amount, to handle the matter without going to trial.
Aside from settlements, you’ll find that the other most common way in which these cases are handled is through default judgments. Essentially, a default judgment is granted to the plaintiff in a case when the defendant does not respond to the lawsuit. Because it would be unfair to the plaintiff to let this continue, the court can award them the relief sought as part of their lawsuit without the defendant ever even responding. As such, this means the defendant can have their wages garnished or liens placed on their property to compensate the plaintiff for the funds they are owed.
If My Case Goes to Trial, What Can I Expect?
While the vast majority of debt collection lawsuits will be handled without having to go to trial, there are some circumstances in which this can occur. As such, you’ll find that understanding what you can expect to happen in these instances is critical.
Generally, the trial will begin with opening statements by both the plaintiff’s attorney and your attorney. This serves as the foundation for your case and informs the judge and/or jury of your case. Next, both sides will present evidence. The plaintiff’s evidence will revolve around why you are obligated to pay the debt, while your attorney can help gather documentation to show that you are not responsible for the payments. Next, each party will provide a closing statement. Once the trial has ended, the judge or jury will examine the evidence and determine if you are responsible for making these payments.
While going to trial is rare, it is not out of the realm of possibilities. As such, if you are sued over a debt, it’s imperative to take the necessary steps to best protect yourself. Generally, this entails connecting with an experienced consumer defense attorney who can help you fight for justice. If this represents your circumstances, do not hesitate to contact our team at Los Angeles Legal Solutions to learn how we can fight for you.
