If you are riddled with debt, and have received a debt lawsuit from Richmond County Civil Court in Staten Island, you may be scared and anxious. Although, you won’t get arrested for not paying a debt, the worst thing you can do is ignore this lawsuit. You may think that if you ignore the lawsuit from a debt collector it will just go away. Unfortunately, it is not that simple. Lets take a look at what happens when you ignore a lawsuit from Richmond County Civil Court in Staten Island and what steps you should take to ensure your rights are protected.
Why Should I Not Ignore a Lawsuit from a Debt Collector
Ignoring a lawsuit from a debt collector can put you in a much worse situation. If you fail to answer the lawsuit or attend the court hearing, the debt collector will ask the Richmond County Court to enter a default judgment against you. Once a judgment is entered against you the debt collector has a right to garnish your wages, put liens on your property or levy your bank account. 
- Wage Garnishment – A wage garnishment allows debt collectors to take money directly from your paycheck every week until the debt is paid off.
- Lien on Property – When a debt collector puts a lien on your property, it means that the property can’t be sold or transferred until the debt is paid off. Many times debt collectors will put liens on cars, or houses for failing to pay debt.
- Bank Account Levy – A bank levy allows debt collectors to put a lien on all of your bank accounts. This means that you will be able to put money into the account but won’t be able to take money out of the account.
Steps to Take if You Receive a lawsuit from Richmond County Civil Court From a Debt Collector
- Look at the Summons you received from the Richmond County Civil Court to determine the date that you must answer by. Keep in mind that you must act fast to determine your next course of action.
- File an Answer – You should speak with an attorney before filing an answer in your case. Many lawyers have defenses that may be used to defend the action. If you don’t want to hire a lawyer, you will need to go down to Court and file an answer.
- Call a Staten Island Bankruptcy Lawyer or a Staten Island Debt lawyer a Bankruptcy lawyer can determine which course of action is best for you. If you have a lot of debt a bankruptcy lawyer in Staten Island may recommend filing bankruptcy. You may be able to qualify for a Chapter 7 bankruptcy, to eliminate all of your debt. If Chapter 7 bankruptcy is not an option you may be able to file Chapter 13 bankruptcy to help you restructure your debt.
- Call a Debt Settlement Lawyer -If the debt is small a debt settlement lawyer or bankruptcy lawyer may recommend t trying to settle the debt. If you have money available to offer a settlement we may be able to help you settle your case. This means paying back less than the amount you owe. Keep in mind, that an answer will still need to be filed because if the case isn’t settled in time, the debt collector can get a judgment against you.
- Dismiss The Case – You or your attorney may be able to ask the Court in Staten Island to dismiss your case by making a motion. There are many different reasons that a court may grant a dismissal. One reason may be that the Statue of limitations has passed. The Statue of limitations for a credit card debt in Staten Island is 6 years. Thus, debt collectors can’t go after you if the debt is six years or older. The Statue of limitations begins to accrue approximately 30 days from your last payment. Keep in mind if you stopped paying, then made a payment the Statue of Limitations starts all over. This motion must be filed before the time that was stated in the summons. If the judge decides that the debt collection case should move forward and the motion to dismiss is denied, you will have 10 days to file an answer.
Reasons For a Motion To Dismiss in Staten Island
If you think that you have a valid reason to ask the Richmond County Court to dismiss the case, you can make a motion to dismiss all or part of the case. Some reasons that a person can file a motion to dismiss:
- Statue of Limitations Has Passed
- The Debt isn’t yours
- The Case was filed in the wrong Court.
- You did not get the Summons and Complaint the right way – The debt collector suing must ensure that it completes service properly. This means you must be served the right way.
Some ways that can constitute bad service from a debt collector in Staten Island are:
- You didn’t get the papers
- The debt collector handed you the papers – The papers must be given to you by someone who is 18 years or older and is not the person suing you.
- The papers were left with someone who wouldn’t give them to you – you must have a relationship with the person, like someone you live with or work with. If the papers were left with a child, or a mentally disabled person this would constitute bad service.
- You only got the papers in the mail – A lawsuit can’t be started by mailing the papers. The person serving the papers must try to give them to you in person first.
- You only got served papers at your door- they can leave the papers at your door if they tried to serve you in person however, they must also send you another copy of the papers in the mail.
- The debt collector must try to give you the papers in person personally before they can serve you papers a different way.
Vacating a Default Judgment
If the time to answer the debt collection lawsuit in Staten Island has already passed, you will need to vacate the default judgment against you. When you don’t appear or answer the lawsuit the Plaintiff will ask the Court for a default judgment against you. The default judgment allows the creditor to go after you for the outstanding debt. A default judgment will appear on your credit report and can stay there for 20 years. The only way to vacate a default judgment in Staten Island is by filing a motion with the Court. The Court may vacate the judgment against you for two reasons: (1) lack of personal jurisdiction ( bad service) or (2) Excusable Default. Excusable Default is the most common reason for vacating a judgment in Staten Island. You will need to give the Court a good reason why you missed your court date and did not Answer and give a good reason why the debt collector shouldn’t win the case.
Being Sued by a debt collector in Richmond County can be nerve racking. It is important that you take actions immediately to ensure that you don’t give up any rights. Karra L. Kingston Esq. helps individuals fight their debt collectors. Karra L. Kingston Esq. will review your financial information to determine if debt settlement, filing an answer, or bankruptcy is the right decision. Karra has helped many people in Staten Island get out of debt and rebuild their credit scores. Contact Karra L. Kingston Esq. by phone by calling (973) 979-9078 or online at karra@klkbankruptcylawyer.com.