Nicolet law office
SERVING WI & MN | Calls Answered 24/7 | Free Consultations 866-663-8774
Nicolet Law managing attorney Russell Nicolet

#NicoletKnows Accident & Injury Law

Built on Family.
Focused on Helping.
Dedicated to Winning.

We win or you don’t pay
500 ★★★★★ reviews

Nicolet Law office
CONTACT
SERVING WI & MN | Calls Answered 24/7 | Free Consultations 866-663-8774

I Am Being Sued! Should I File a Response?

Get your free case review

I Am Being Sued! Should I File a Response?

Person making financial calculations and taking notes about their lawsuit

Most people do not like to think about their debt burden, which often leads to procrastination. We know that we owe payment on a medical bill or credit card, and we want to pay them but can’t. So far, they have only sent us threatening statements and phone calls. But the day comes when we find ourselves being served legal papers – a summons and complaint in a court where we live. If a creditor obtains a judgment against us, the creditor can often garnish wages and take money from our bank accounts. Too often, we only start to do something about our debt when the threat of losing money becomes critical.

How do I respond if a creditor has filed a legal judgement against me?

As a bankruptcy attorney, people often contact me and ask if they need to respond to a complaint.  Normally, I advise people to file a response to that complaint if you have a legitimate defense that would prevent a judgment from being entered against you. Common defenses are:

  1. The debt is owed by a corporation you once owned, and not by yourself personally, yet the creditor is mistakenly suing the owner and not the corporation.
  2. You were in active duty in the military when the debt accrued, and you cannot be sued because you still are on active duty.
  3. The applicable statute of limitations has expired – most states have a time limit for suing someone from when the debt went into default status, and the creditor is too late.
  4. Your identity was stolen, and the debt was charged fraudulently by someone else.
  5. You were a minor when you entered into the contract that formed the debt, and you lacked the capacity to enter into that agreement.
  6. The dollar amount demanded by the creditor is incorrect.
  7. The person or company that is suing you does not have a valid legal interest or ownership of the debt.

If a person has one or more of these defenses, then it may be worthwhile to file an answer or response to the complaint. But if there is no defense, then filing an answer to the complaint really only buys you a small amount of time and does not solve the issue.

When should I consider bankruptcy as an option?

If the creditor suing you is one of many creditors, or simply the first in a long line of debts, then a bankruptcy may be necessary to stop the lawsuit and discharge, or partially repay all the debts. If the creditor suing you is the only debt you have and you can afford to make payments, then it might be more useful to negotiate a payment plan with the creditor, if possible. It could also be that your wages and bank accounts are exempt (protected) because your income is all from a protected source.

Since it is impossible to go through all of these scenarios over a telephone call, I invite a panicked person in to meet with me where I can assist in educating the caller about all of their options - bankruptcy and non-bankruptcy alike.  At Nicolet Law Accident & Injury Lawyers, our bankruptcy and restructuring attorneys all offer a free consultation and we can assist you, even if you have waited until the last minute. We understand that sometimes it takes a lawsuit and the threat of wage garnishment for people to face their debt issues.

Written by: Attorney Peter C. Greenlee

#NicoletKnows

More Than
$0
Million recovered for our clients
over
0
clients helped
More Than
0
years in business
over
0
years of combined experience

SEE HOW NICOLET LAW MAKES A DIFFERENCE IN OUR CLIENTS’ CASES

CAR ACCIDENT

Result with Nicolet Law 
$1,200,000.00

CAR ACCIDENT

Offer before Nicolet Law
$50,000.00

SEMI-TRUCK ACCIDENT

Result with Nicolet Law 
$700,000.00

SEMI-TRUCK ACCIDENT

Offer before Nicolet Law
$75,000.00

SLIP AND FALL ACCIDENT

Result with Nicolet Law 
$180,000.00

SLIP AND FALL ACCIDENT

Offer before Nicolet Law
$5,000.00

PEDESTRIAN HIT BY CAR

Result with Nicolet Law 
$1,050,000.00

PEDESTRIAN HIT BY CAR

Offer before Nicolet Law
$0.00 - denial

DRUNK DRIVING ACCIDENT

Result with Nicolet Law 
$815,000.00

DRUNK DRIVING VICTIM

Offer before Nicolet Law
$0.00

UTV ACCIDENT

Result with Nicolet Law 
$250,000.00

UTV ACCIDENT

Offer before Nicolet Law
$5,000.00
(click to view results)

What our clients say about us

powered by BirdEye
more testimonials

Awards & Recognitions

Nicolet Law Office is honored to have been nominated for numerous awards for excellence in service and client satisfaction. Our attorneys have appeared in such prestigious lists as Top 40 Under 40 and Rising Stars. While we’re thankful to have the support of industry peers and independent third-party organizations, nothing beats the feeling of gratitude we share with clients when we can make a positive impact on their lives.

From our blog

DEDICATED ATTORNEYS SERVING A COMMUNITY NEAR YOU

Contact us today to request a free case evaluation with a dedicated local attorney. With twelve convenient office locations throughout Minnesota and Wisconsin, accessing award-winning legal services has never been easier. If you have a medical condition that prevents you from traveling, we would be happy to meet you at your home or schedule a private virtual consultation.

FOLLOW US

Tell us about your case

We’ll review your case details and contact you with an action plan.
Fields marked with an * are required

12 locations in Wisconsin and Minnesota to serve you

Wisconsin State Icon

Wisconsin Locations:

EAU CLAIRE:

402 Graham Ave.
Suite 305
Eau Claire, WI 54701

Phone: 715-226-4155
Map & Directions

HUDSON:

517 2nd Street
Unit #205
Hudson, WI 54016

Phone: 715-226-4155
Map & Directions

LA CROSSE:

119 N 19th St S
La Crosse, WI 54601

Phone: 715-226-4155
Map & Directions

NEW RICHMOND:

1500 Madison Ave.
Suite 220
New Richmond, WI 54017

Phone: 715-226-4155
Map & Directions

RICE LAKE:
337 North Main Street
Rice Lake, WI 54868

Phone: 715-226-4155
Map & Directions

RIVER FALLS
215 S 2nd St #20
River Falls, WI 54022

Phone: 715-226-4155
Map & Directions

SUPERIOR:
1200 Tower Ave.
Superior, WI 54880

Phone: 715-226-4155
Map & Directions

WAUSAU:
408 3rd Street
Suite 303
Wausau, WI 54403

Phone: 715-226-4155
Map & Directions

Minnesota State Icon

Minnesota Locations:

DULUTH:
306 West Superior Street,
Suite 606 West
Duluth, MN 55802

Phone: 651-427-3331
Map & Directions

HIBBING:
Howard Court Bldg.
302 Howard Street, Suite 123
Hibbing, MN 55746

Phone: 651-427-3331
Map & Directions

MINNEAPOLIS:
225 South 6th Street
Suite 3900
Minneapolis, MN 55402

Phone: 651-427-3331
Map & Directions

WOODBURY:
724 Bielenberg Drive
Suite 126
Woodbury, MN 55125

Phone: 651-427-3331
Map & Directions

Wisconsin and Minnesota’s Local Award-Winning Injury and Disability Attorneys.
© 2021 Nicolet Law Office, S.C.. All Rights Reserved.
cross linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram