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Small Claim Defense - What To Do When There Is A Lawsuit Against You

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The most essential thing for you to do when you get sued in small claim court is to gather information, tips and strategy to successfully defend your case. You need to know how to build your case through details of what is expected and presented as evidence. In today's economy, it appears that with the increase in number of foreclosures, job losses, and economy recession, number of new small claim lawsuits are on the rise. This could be simply as a result of people's financial hardship and the need to seek judicial remedies to receive a monetary compensation through filing a lawsuit. But as defendant, you have many defenses available to you.

First, you want to consult with an attorney and find out if you have been properly served and if court has jurisdiction over you. Then you need to consider many different factors such as Statue of Limitation, present evidence, witnesses, actual damages, partial defense, and counter claim.

Trying to defend a lawsuit without experienced legal representation may be a costly mistake. If the Plaintiff, the party bringing the lawsuit prevails, the Judgment entered by the court against you can be enforced as a lien against all of your property, used to seize and take possession of your property, garnish of your wages, or enforce seizure of your bank account.

You should consult with an attorney regarding your small claims case. You may be able to negotiate an installment payment plan or settlement. But you have to answer the lawsuit in timely manner and appear for your court hearing date.

If you fail to appear, a default judgment will be entered against you. Once again, its important to reiterate, attempting to defend a lawsuit without experienced legal representation may be a costly mistake.

 

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