Litigation

Where all previous collection attempts have been unsuccessful and have failed to result in the repayment of the debt, creditors and debt collectors often resort to the filing of a civil lawsuit seeking the award of a money judgment. The filing of a civil lawsuit can be advantageous to both parties. Many creditors lose crucial evidence needed to prove essential elements of its case. Debt collectors often lack sufficient knowledge and documentation necessary to obtain a judgment. It is also costly and time consuming for a creditor to utilize its resources to chase a debtor for payment, providing leverage in negotiations over the terms of any settlement. From the creditor’s perspective, there is no other option left to obtain a recovery where the debtor has not voluntarily agreed to pay the amount in demand. Whereas many debtors might ignore phone calls or written demands for payment, far fewer are willing to ignore a summons and complaint delivered to their door by a Sheriff’s deputy or other process server standing on their doorstep. Additionally, a money judgment gives the creditor more powerful and invasive tools to enforce their right to repayment of the debt.

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