Bankruptcy Attorney | What To Do If You Are Sued In Small Claims Court Pt. 3

Bankruptcy Attorney | What To Do If You Are Sued In Small Claims Court Pt. 3

Bankruptcy Attorney | Be Ready to Negotiate

If you actually owe the debt, be prepared to negotiate a settlement — you can often settle for pennies on the dollar. This is especially true if you know the creditor has a weak case based on your research into the laws, your contract, and what proof they’ve provided. Even if you think you can win at trial, find out what the offer is because you may end up paying so little that it’s a more attractive option than coming back to court.

Base your decision on the total amount of the debt, the settlement offer, the likelihood you think you have of winning, and your own risk-adverseness. For larger debts, bringing in an attorney to negotiate the debt can give you a stronger bargaining position and the potential savings may far outweigh their cost.

If You Need to Go to Trial

If you need or want to go to trial, one of the most important things to do is to learn more about the court. Some courthouses and judges are tired of seeing debt collectors file lawsuits with bad paperwork and give consumers the benefit of the doubt. Others take the position that debts should be repaid, give creditors the benefit of the doubt, and strictly hold consumers to court procedures and the rules of evidence. If you’re in a pro-consumer courthouse, doing your homework as discussed above may leave you in a good position to represent yourself. In less favorable courthouses or if you owe a large debt, consult with an attorney to ensure you don’t lose because of procedural or technical missteps.