So you have been sued by a creditor…now what? First and foremost, DO NOT IGNORE IT. If you are served with a Complaint or Motion for Judgment or Warrant in Debt (different states call it different things), you need to take action. Every state has rules as to how long you have to respond to a lawsuit.
Alabama: 14 days (Small Claims/District Court), 30 days (Circuit Court)
Alaska: 20 days
Arizona: 20 days
Arkansas: 30 days
California: 30 days
Colorado: 20 days
Connecticut: 30 days
If you do not file a response within the timeframe allowed by the Court, a default judgment will be entered agains you. Getting out of the judgment without paying will then become next to impossible.
So what if you owe the money you are being sued for? How do you still battle the lawsuit you are dealing with? I recently helped a friend deal with this issue.
One of the best ways to attack a lawsuit is to find fault with how you were served. Now most of the time, people are served properly, but occasionally, improper service occurs. A roommate was home watching television with a friend when he hears a knock at the door. He answers the door and is handed some documents from the individual standing outside, who then asks if he is Name. That is his roommate, he says, but is told to give the documents to his roommate.
The individual who handed him the papers – a Summons and Complaint – was a private process server. Lawsuits are usually served by the sheriff’s office, but in some cases they are served by private process servers. In North Carolina, however, this is not considered proper service. And improper service means case dismissed.
Roots, Credit & Life 