How to Litigate

Litigation is a legal process where both the parties sit together and argue their case against one another through courtroom procedures. The parties involved in this situation are known as litigants. Both the teams will assemble their argument based on the facts and findings. If in a situation the resolution is not attainable, then you must know how to litigate.

The litigation will continue until the parties involved find a trial, conclude, or get a resolution. If there is still no resolution, then the parties will have to move ahead with a trial for seeking the judgment of court. You can file litigation for various things. Here are some simple steps on how to litigate with debt.

Steps:

  • Start with reviewing petitions closely; sometimes they are known as complaints also, which is filed by the debt collector against you with the court. You will have to make sure that you completely understand the allegations the debt collector will be making against you in the case.
  • Now, you will have to draft an answer, also known as response to the petition for the debt collector. Through your answer, you will have to deny any allegations that are made against you are false. Also, give some specific and factual reasons as to why you think that you don’t owe the debt that is claimed by the other person on you. Make all the claims that you have against the debt collector, when you are writing the answer. You can add your own claims in a different section of your document and mark it as ‘counter claims.’
  • Make sure that you file the answer in a timely manner. Once you are served with a summon and petition in a lawsuit (with all the small claims case), the summons will set forth a date, by which you will have to file an answer. Most of the times the summons will have date and time for your initial appearance in the court. The answer must be filed with the clerk present in the court.  
  • Give a settlement proposal to your debt collector if you think that you owe all or some money that is claimed against you in the court. Always remember that you must attempt to make a settlement proposal to your debt collector before the first court date. Keep one thing in mind that in some situations a debt collector will not be able to come with any judgment against you for their attorney fees. Therefore, in such situations, a debt collector is more inclined for settling their case with you and not expanding more money on their attorney fees.
  • You will have to appear on the initial court hearing time. In some of the collection cases, this is also known as ‘docket’. If you still have not settled the case with the debt collector, then you must request the case to be settled for a trail.  
  • Start preparing for the trail by gathering and organizing all the documents that will support your defense and your counter claim as well (if you have made a counterclaim). Identify all the witnesses who will testify on your behalf in the court. The clerk in the court will be subpoena any witnessed that you desire to get for the trail. Obtain subpoenas by meeting the clerk’s office, submitting and completing the form that is given to you by the staff.
  • Give your documents, evidence and testimony at the beginning of the trail. Make sure that you are ready to present your own argument as to why you will not be obligated for paying the money, which is claimed by the debt collector in your situation. 

So, now you know how to litigate, make sure that you have the proofs ready with you.


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