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Sued By A Bank? We Can Help
You have received a notice that a creditor bank is initiating a lawsuit against you. Your first reaction might be to throw the notice in the trash and let the chips fall where they may, as experienced bank lawsuit lawyers, we strongly recommend against it.
If you fail to respond to a notice you will receive a default judgment, and that will create even more problems for you. With a default judgment in hand, the bank can garnish your wages, take money directly out of your bank accounts, and put liens on your property.
Dealing with a lawsuit over debt on your own can be a daunting experience. At McFarlin LLP, our Irvine, California-based bank lawsuit lawyers work with situations like yours frequently and can help you get through the process with the best possible result.
Do Not Miss Deadlines
One of the most important things your lawyer will do is ensure that you do not miss any deadlines. Every notice you get from the court is going to tell you how many days you have to respond to it, which is the case with the first summons and complaint you will receive. As soon as you receive this, you should call your lawyer and make an appointment. At McFarlin LLP, initial case evaluations are free so making that first appointment comes with absolutely no obligation.
How to Respond to the Complaint
Because you do not want a default judgment, you should take action within the allotted time whether you work with a lawyer or not. Generally speaking, you have the options of:
- Filing an answer with the court, in which you respond to all of the alleged facts and legal claims in the bank’s complaint and set forth any affirmative defenses to the allegations. A bank lawsuit lawyer will know what affirmative defenses to raise and how to approach the creditor’s allegations to give you the best possible result.
- Filing a motion to request the Court dismiss the complaint based on one or more legal insufficiencies in the complaint or its service, keeping in mind that this might not extinguish the case, but could delay it.
Of course how to proceed and what your specific options are will depend on the facts of your particular case. An experienced bank lawsuit lawyer can work with you and the creditor, if desirable, to settle the matter under terms favorable to you.
The attorneys at McFarlin LLP are available to evaluate your matter at no initial charge. Contact us today either online or by phone at 949-544-2640 to set up an appointment at our Irvine, California offices.