
If you have been served with a lawsuit in regards to an alleged debt you owe, you may be incredibly anxious. Not only can facing legal action be upsetting, but the idea of a trial to resolve these matters can be downright overwhelming. The good news is that going to trial in these matters is not likely. However, it is possible, so familiarizing yourself with what you can expect during a debt collection trial is critical. The following blog explores what you should know about these matters, including the importance of working with a California debt collection defense lawyer to help you navigate these difficult times.
What Happens When a Debt Collection Lawsuit is Filed?
In the vast majority of debt collection cases that are filed, you’ll find that these cases are settled. Essentially, this means that both parties were able to reach an agreement on the outcome of the matter, which typically involved a financial amount, without the need for court intervention. This is often an ideal outcome, as it allows both parties to avoid a time-consuming and expensive trial.
However, you’ll also find that some cases end in a default judgment. Essentially, this means that the defendant in the case, the debtor, failed to respond to the lawsuit against them. In order to ensure that the plaintiff can still recover the compensation they are entitled to, the court can issue a default judgment. This allows the court to award the plaintiff the compensation they deserve. This ensures that defendants can’t simply ignore lawsuits.
While these are the two most common outcomes for debt collection cases, it is possible, albeit unlikely, that your case proceeds to trial. As such, you should familiarize yourself with what to expect during these difficult matters.
What Can I Expect During a Trial?
In the unlikely event that a debt collection lawsuit is filed against you and you are unable to reach a settlement through negotiation, your case may proceed to trial. Generally, the actual trial itself may only last two hours, depending on the complexity of your case. The trial will begin with each side presenting its opening statements, which serve as the foundation for each side’s arguments. Next, each party will present any evidence or documentation they have that can help support their case. Finally, they will deliver closing statements. The judge or jury will then examine the evidence and issue a verdict.
As you can see, facing a debt collection lawsuit can be overwhelming. That is why our firm is committed to helping you in the fight for the best possible outcome for your circumstances. At Loker Legal, APC, we understand that debt collectors will go to any length to recover the compensation they think they deserve, which is why we are dedicated to protecting you. When you need assistance, our firm is here.