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Small Claims Defense

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Video Transcript

If you believe that every bit of what is said in the lawsuit is true, your best response would be to call up the plaintiff and make payment arrangements.

Maybe you can resolve it with them out of court, but if you ignore it, nothing good can come from it.

Because the worse thing that happens is you call up the plaintiff and you explain the circumstances and that person says, "Look, I do not care. I am getting a judgment." Well in that case, they have a right to do that.

I see all the time people get sued for three hundred or five hundred dollars and they say, "Well, I am way over my head in debt anyway and I kind of owe the money anyway, so I am just not going to take a day off work and go to court." And then they get a default judgment answered against them. Then that default judgment goes on their credit report then that default judgment turns into a wage garnishment and they take wages out of the person's job or to take money out of the person's bank account.


If there is any possibility of winning or getting all or part of the claim set aside, one should respond!

Maybe you do not owe as much money as they say you owe, or you do owe that much, but on the other side, that person also owes you for something, in other words, there is set-off or there is another claim that you may have.

Maybe you once owed them money, but the debt is too old and they missed their chance to file a lawsuit in time and the statute of limitations has barred it.

If you believe that much time has passed and that the debt cannot be legitimately collected, absolutely, I think that you should contest it!

You could look out maybe the other side did not appear that day or they did not have the documents they needed to prove their case. By ignoring it, you are guaranteed to lose, by going to court, you may have defenses that you did not even know about and you may win that case that you thought you were going to lose.
If you believe that every bit of what is said in the lawsuit is true, your best response would be to call up the plaintiff and make payment arrangements. Maybe you can resolve it with them out of court, but if you ignore it, nothing good can come from it. Because the... click to read more


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