atlantic credit &finance,inc is taking me to court?
default by judgement
- Dominicks GrannyLv 41 decade agoFavorite Answer
Yeah - they will get their judgement by default if you don't show up. If you do show up, you must either present evidence that the amount they are sueing for is invalid, or some other reason for disputing the suit. You can even use "insolvency", if you need to. But, whatever you do, don't "Not" show up!Source(s): http://en.wikipedia.org/wiki/Insolvency
- Anonymous1 decade ago
I don't know how old the debt is, but you may be protected under the Statute Of Limitations Law. Depending on which state you lived in when the debt was created, determines the Statute Of Limitations time limit on collecting a debt.
If your debt has expired under the law:
The only thing you need to say to the collector is, "I have an absolute defense because under the Statute of Limitations, the debt has expired."
Just remember that The Statute of Limitations does not cause your debt to disappear after it has expires. If a creditor files a civil lawsuit, the person has an absolute defense to use against the creditor in court. They must present the new evidence in the court to avoid a potential judgment. You file the proper papers to the court to support the claim of a absolute defense. If the creditor tries to sue ,in a court of law and you do not prove to the court that the Statute of Limitations has expired, then you will have automatically lost lawsuit and a judgment will be issued against you.
See below to find out the Statue of Limitations time in your state.
- SPIFIMAN1Lv 71 decade ago
It will be if you don't show up and defend yourself.Source(s): Finance Manager for over 7-years.