Get Legal Help for Creditor Lawsuits in Spokane

Getting a notice of a lawsuit feels like a punch in the gut, especially when you've been working extra hard to stay afloat. You knew you were behind on payments, but you never thought it would come to this point. It's understandable to feel overwhelmed at this moment—debt can pile up quickly, even when you're trying to do everything right.

Our team of Spokane attorneys understands how it goes. For over thirty years, we've been representing people just like you in Spokane County Courts. If you've received a notice of a lawsuit, we've got your back. When you work with our top-rated debt defense lawyers, we'll take care of everything––from reviewing the legitimacy of the lawsuit and negotiating with creditors to developing financial strategies to get you back on track. Call our Spokane debt defense legal team now for a free consultation to learn more.

What to Do if a Creditor Sues You

If a creditor sues you in Washington, it's important to take action right away to protect your rights and avoid further legal consequences. Here's what you should do:

1. Don't Ignore The Lawsuit: The first thing you need to do is respond to the lawsuit. Ignoring it results in a default judgment––meaning the creditor wins by default without having to prove their case. The Spokane County Court justices can then order wage garnishments, bank levies, or other collections actions. When you receive a summons, make sure you file an answer with the court within 20 days.
2. Review All The Documents Carefully: Take a close look at the lawsuit and the documents the courts served you. Make sure the information is accurate because creditors sometimes make mistakes or overstate the amount owed. You'll want to check if the debt is yours, if the amount is correct, and if the creditor has the legal authority to collect.
3. Consider Defending Yourself: If there are errors or you don't believe you owe the debt, you can raise defenses in your response. You might be able to show that the debt is past the statute of limitations, that the creditor lacks standing to sue you, or that you've already paid. You might also have valid defenses based on illegal practices or violations of the Fair Debt Collection Practices Act (FDCPA) or Washington state law.
4. Seek Legal Advice Immediately: Most importantly, consult with our Spokane attorneys who specialize in debt collection and consumer protection law. We'll help you through the entire legal process. Our team will negotiate a resolution with the creditor and, if needed, defend your rights in Spokane County Courts.

Creditor lawsuits in Washington are serious, but you don't have to handle them alone. Taking proactive steps and seeking legal help from our top-rated Spokane debt attorneys will make a big difference in the outcome.

What Happens During a Creditor Lawsuit in Spokane County

When you're involved in a creditor lawsuit in Spokane County, here's what typically happens:

1. The Court Serves You With A Summons And Complaint: The first thing that happens is a process server will deliver legal papers called a summons and complaint. These documents inform you that a creditor is suing you for an unpaid debt. You'll need to read them carefully to understand the creditor's claims and the amount they say you owe. Don't ignore these documents—responding in time is crucial to avoid a default judgment.
2. You Have 20 Days To Respond: You have 20 days to file a response to the lawsuit with the Spokane County Court. If you don't respond, the creditor can ask the court for a default judgment, which means you could automatically lose the case. Your response is your opportunity to defend yourself, contest the debt, or raise any legal defenses. If you believe the debt is inaccurate, the creditor doesn't have standing, or the statute of limitations has passed, these are things you can argue.
3. The Pre-Trial Discovery Phase Begins: The case will move to the pre-trial phase once you file a response. During discovery, the creditor and your attorney use evidence like financial documents, contracts, and payment histories to build their cases.
4. The Mediation Or Settlement Talks Begin: Most creditors will settle lawsuits outside of court through mediation or negotiations, where you and the creditor (or their attorney) may discuss a possible settlement or payment arrangement. If you can't afford the full amount, you may be able to negotiate a reduced settlement or set up a manageable payment plan.
5. You Will Go To Trial: If the case doesn't settle, it will go to trial. This is the final step, where both sides present their arguments and evidence to a judge. In a trial, the creditor will need to prove the debt is valid, that they have the legal right to collect, and that you owe the amount they claim. You can also present your defense or dispute the debt during this stage.
6. The Spokane County Courts Issue A Judgment: After the trial, the judge issues a judgment on the case. If the Spokane County judge rules in favor of the creditor, they will award the amount owed, plus interest and court costs. The creditor may take steps to collect the judgment, like wage garnishment, bank levies, or property liens. However, they can only collect through legal means and must follow Washington state laws regarding collections. If the creditor loses, they won't be able to collect the debt.

Work with our attorneys who know the legal process in Spokane County Courts to defend your rights.

Consider Your Legal Debt Relief Options

In Spokane, you have many legal debt relief options. Our local attorneys can help you explore the following:

• Debt Settlement: Your attorney will negotiate with the creditor to settle your debt for less than the total you owe. A settlement can be a lump sum payment or a reduced payment plan.
• Debt Consolidation: Consolidation is done by taking out a personal loan or transferring balances to one credit card, simplifying repayment of your debts by combining them into one payment.
• Exemptions in Bankruptcy: Washington state offers exemptions that protect certain assets in bankruptcy. If you file for bankruptcy, some of your property, such as your home, car, and retirement accounts, may be protected from liquidation. There are two primary types of bankruptcy to discuss with your attorney:
  • Chapter 7 Bankruptcy: If you qualify under Washington law, filing for Chapter 7 bankruptcy discharges most unsecured debts, like your credit card debt, medical bills, and personal loans. It liquidates non-exempt assets to pay creditors, providing a fresh financial start.
  • Chapter 13 Bankruptcy: If you are still working but cannot catch up with your debt payments, consider Chapter 13 bankruptcy. Chapter 13 reduces and consolidates debts into a manageable repayment plan over 3-5 years. During that time, you make payments to a bankruptcy trustee, who distributes the funds to creditors. At the end of the plan, the courts will discharge the remaining unsecured debt.
• Debt Management Plans (DMP): A credit counseling agency may help you create a DMP, which involves consolidating your payments into just one monthly payment that goes to the counseling agency, which then distributes it to your creditors. DMPs can help reduce interest rates and fees while preventing further collection actions.
• Negotiating Payment Plans Or Deferrals: If you're unable to settle or file for bankruptcy, your attorney will negotiate a payment plan directly with the creditor. Some creditors may offer temporary deferrals or reduced payments to help you avoid defaulting on the debt.
• Dispute The Debt Or Lawsuit: You can dispute the debt if you believe it is incorrect or the creditor doesn't have the legal right to sue. Your Spokane debt defense attorney can help you challenge the lawsuit based on issues such as the statute of limitations, incorrect debt amounts, or improper debt collection practices.
• Request A Hardship Exemption: In some cases, creditors may agree to a hardship exception, temporarily lowering your monthly payments or pausing collections due to financial hardship. Hardship exemptions can be a temporary solution while you get your finances in order.

Consult with our Spokane attorneys, who specialize in debt relief and debt collection defense. We'll evaluate your financial situation, explain your legal rights, and guide you toward the best solution for your case.

Work With Spokane's Best Debt Relief Legal Team

We're proud to call Spokane home. There's just something about it that makes us love living here. Whether we're enjoying the beauty of the Spokane River along the Centennial Trail, hiking through the stunning Dishman Hills Natural Area, or hitting the slopes at Mount Spokane, we love exploring Spokane County. When we're looking for culture, we head over to the Spokane Symphony or explore the Northwest Museum of Arts and Culture.

We love this city and the neighbors who make it special and are committed to protecting our local community. That's why we fight hard to defend you when you're facing financial challenges like creditor lawsuits. Whether you're dealing with debt collectors or trying to stop a wage garnishment, call our Spokane law offices now for a free consultation.

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