What to Do if You're Served a Summons and Complaint

If you have received a summons and complaint, it means you are being sued by your mortgage lender. In most cases, it is better to talk to an attorney and let us handle the formal written response to the complaint. We have the experience to help you determine whether filing bankruptcy will help you.

Sometimes, bankruptcy is the only valid response to a summons and complaint. Filing bankruptcy will allow you to halt the collection activities while the bankruptcy is in progress. You should discuss your options with a qualified bankruptcy attorney before making a decision, however.

At Prescott Pearson & Tande, PA, our legal team has handled debt relief problems, including bankruptcy matters, garnishments, liens, repossessions and lawsuits for more than 70,000 clients since founding our firm in 1975. Talk with an attorney from our firm in a free consultation to learn how we can help you.

There Are Serious Consequences if You Do Not Respond

You have 20 days to respond to a summons and complaint. A formal written response, not a phone call, is required. Your attorney can respond on your behalf. If you do not respond, a default judgment can be issued against you. This allows the creditor to levy your bank account. A judgment can also allow the creditor to garnish your wages or levy your nonexempt personal and real property.

There are valid defenses to a summons and complaint such as the creditor suing the wrong person or for the wrong amount. In addition, if you settled the debt previously, your creditor should not be suing you. Valid defenses can stop the lawsuit, but frivolous answers will not.

If you do not have a valid defense, filing bankruptcy may provide the time you need to get your finances in order. Speak with us to learn whether bankruptcy or another option is right for you.

Minneapolis Bankruptcy Complaint Attorney · Minnesota Debt Collector Lawyer

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We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.