Prior to filing Bankruptcy, or in lieu of filing Bankruptcy in total, when facing collection lawsuits, individuals can choose to defend these actions in court. While our Firm always keeps an eye out on the individual’s overall needs in relation to each case, in certain circumstances it makes sense for the client to defend civil actions in court when a creditor or collector sues the client.
Our legal system requires all litigants to prove their case in court, and it is not unusual for creditors and collectors to be unable to ultimately prove their case. Many collection plaintiffs will actually no longer possess the documentation available to them to prove their cases in court and when we get to trial, they dismiss the matter or lose when it comes time to prove the evidentiary elements of their claims. Nevertheless, even without possessing the evidence of their legal right to sue, many collection plaintiffs will still sue because individuals will not even bother to fight, or unfortunately, sometimes judges do not require them to put any evidence forward to prove their claims.
Our Firm has filed hundreds of responses on behalf of Defendants in these types of suits throughout Southern California.