Pasco Attorneys Defend You Against Creditor Lawsuits

In Washington state, falling behind payments may urge your creditors to take things to court. Often, this starts with a creditor lawsuit. A creditor lawsuit is a legal claim that you owe a debt and have failed to repay it according to the terms of your agreement. If a creditor wins the lawsuit against you, the Franklin County judge could issue a judgment against you. This means that the court will take legal actions like wage garnishment, bank account levies, or liens on your property to settle your debt.

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Creditor lawsuits can be very scary, especially when you've been trying your best to pay the debt. However, in Pasco, you are not alone. Our debt defense attorneys serving the Tri-Cities area are here to help. We will work with you to address your debt outside of court and represent you in Franklin County Courts if needed using our expertise on debtor's rights.

Call us now to schedule your free consultation with an attorney in Pasco who specializes in creditor lawsuit defense.

When a creditor notifies you of legal action, it can be very scary and overwhelming. However, the sooner you address the lawsuit, the more legal options you have, and the sooner you can get through it. Here's what our Pasco attorneys specializing in creditor lawsuits recommend you do:

1. Read The Summons And Complaint Thoroughly: When a creditor sues you, the court sends you a Summons and Complaint either in person, by mail, or via another legal method. The Summons outlines your deadline to respond, usually 20 days if served in Washington state, while the Complaint lists the creditor's allegations, the debt amount, and what they're asking the court to order. Do not ignore these documents. Not responding can lead to the Franklin County judge issuing a default judgment against you, which could allow the creditor to garnish wages, seize property, or place liens on assets.
2. Confirm The Debt And Check for Errors: Review your records to ensure the debt is valid. Verify the amount owed, the creditor's name, and whether the statute of limitations (6 years for written contracts) has expired. If the debt is older, you may have a defense. Cross-reference your loan agreements, payment history, and any communications with the creditor.
3. File a Response (Answer) With The Court: In Franklin County, you must file a written response, called an "Answer," with the Franklin County Superior Court or District Court depending on the amount of the debt:
   • Franklin County District Court: For debts under $100,000
   • Franklin County Superior Court: For debts over $100,000

You can draft your Answer using forms at the Franklin County Court clerk's office and submit them here:

Franklin County Superior Court Clerk
1016 N. 4th Ave
Pasco, WA 99301

Your Answer should include:

• A denial or admission of each allegation in the Complaint
• Any defenses
• Counterclaims if the creditor violated laws like the Fair Debt Collection Practices Act (FDCPA)

4. Serve The Creditor Or Creditor's Attorney: After filing the Answer, serve a copy to the creditor's attorney (if they have one) or directly to the creditor. Use a method allowed under Washington state law, such as certified mail or personal service. Keep the proof of service for your court records.
5. Gather Evidence And Start Documenting Your Case: Collect all evidence related to the debt, such as:
   • Loan agreements
   • Payment records
   • Communication with the creditor
   • Bank statements

If the debt is invalid or incorrect, your evidence will help you defend against the lawsuit.

6. Attend Your Court Hearing: The court will notify you of the date and time of your hearing. Attend in person at the Franklin County Courthouse, dress professionally, and be prepared to present your case. If you don't attend the court hearing, the judge could issue a default judgment in your creditor's favor.
7. Explore Settlement Or Mediation: Before the court hearing, you can contact the creditor's attorney to discuss settlement options, such as negotiating a reduced payment or creating a repayment plan.

If you're unsure how to respond or defend yourself, speak with our local Pasco attorneys who handle consumer protection and debt lawsuits. We'll be happy to advise you on the best steps forward.

You may be able to avoid going to court for a creditor lawsuit by negotiating a settlement or payment plan with the creditor before your court date. Going to court is time-consuming and expensive, so most creditors prefer to settle outside of court, especially if you can offer a reasonable lump-sum payment or structured repayment plan. Contact the creditor or their attorney as soon as possible to discuss your options. Taking action early increases your chances of resolving the issue without stepping into a courtroom.

If you do end up going to court, your Pasco creditor lawsuit attorney will explore several defense strategies with you. Here are just some of them:

• The Statute Of Limitations Has Passed: Under Washington state law, creditors have 6 years to sue for unpaid written contracts and promissory notes. If the debt is older than that, you can argue the lawsuit is time-barred.
• Improper Service Of Documents: If you were not properly served with the lawsuit papers according to Washington state’s service rules, you could challenge the lawsuit based on improper service.
• Lack Of Standing For The Lawsuit: The creditor must prove they have the legal right to sue you. If you sold the debt to a third party (like a debt buyer), they must provide documentation showing they own the debt.
• You Already Paid The Debt: If you have already paid or settled the debt, you can provide evidence such as receipts, settlement agreements, or bank statements to prove this.
• The Debt Amount Is Incorrect: You can dispute the accuracy of the claimed debt if the creditor is suing for an incorrect amount, including invalid fees or interest charges.
• The Lawsuit Is From Identity Theft Or Fraud: If the debt resulted from identity theft or fraud, you can argue that you are not responsible. You may need to provide evidence, such as a police report or a Federal Trade Commission (FTC) complaint.
• The Contact Is Invalid Or Unenforceable: If the creditor cannot provide a valid contract or loan agreement you signed, you can argue the debt is not enforceable.
• The Creditor Suing Does Not Own The Debt: You can challenge whether the creditor can prove ownership of the debt with a proper chain of title if the lawsuit involves a debt buyer.
• They Engaged In Unfair Or Deceptive Practices: If the creditor violated state or federal laws, the Fair Debt Collection Practices Act (FDCPA) or Washington State’s Consumer Protection Act, this may serve as a defense or counterclaim.

In most cases, your attorney will use a combination of defenses to get the best outcome for your case. Every situation is different, so you must work with skilled debt defense attorneys in Pasco.

If you believe you do not owe the money a creditor is claiming in a lawsuit, you can dispute the debt in court. Your attorney can help you present evidence showing that you do not owe it. Under Washington state law, you have the right to challenge the validity of the debt and request that the creditor provide proof. If the creditor cannot provide sufficient evidence, the Franklin County court may dismiss the case.

Unfortunately, when you're dealing with a creditor lawsuit, it can be tough to enjoy all that Pasco has to offer. That's where we come in. Our attorneys know how to fight back against creditors and help you regain control of your financial health. Let us help you get the peace of mind you deserve so you can get back to enjoying the best of Pasco. Call us today for a free consultation, and let's get started.