Consumer Law

Anatomy Of An Alabama Collection Lawsuit - Part Five - After You Answer

By M. Stan Herring

We have previously blogged about the background of a collection lawsuit in Alabama, the filing of the collection suit, service of the complaint upon you, and the answer that must be filed. Today we will discuss what happens after you file your answer.

Once the court receives your answer denying the allegations of the complaint, then the court will set the case for trial. If you have a lawyer, then the lawyer will receive a copy of the trial setting through email and/or regular mail. You may also receive a post card sized court notice through the mail telling you of the trial date. You will certainly receive one if you do not have a lawyer.

Often times, the collection lawfirm (Zarzaur & Schwartz, Nathan & Nathan, Parnell & Crum, Nadler & Associates, Ingram & Associates, etc) will send you a letter inviting you to discuss settlement with the lawfirm. We have previously blogged about the danger of settling the case with the debt buyer and its collection lawfirm - be careful and protect yourself by getting all agreements in writing. Be particularly suspicious if the letter says you have failed to return phone calls when, in fact, no phone calls have been made. This is a dirty trick of debt buyers and their lawyers to unfairly put you on the defensive. If the letter contains a blatant untruth, why would you want to talk to them?

Regarding the trial notice - make sure and schedule off the entire day. While normally courts start at 9 am, and you need to be there at the start time, the actual trial may occur hours later so you don't want to have issues with work or child care. Make all the arrangements as soon as you get the trial notice.

Next, we'll discuss what happens at the actual trial.

You can read more about lawsuits at our website here, here, and here.

If you have been sued, feel free to contact us to learn more about your rights and options.

Full post as published by Alabama Consumer Blog on February 11, 2009 (boomark / email).