Magistrate Court Dates - What You Need to Know

Magistrate Court Dates - What You Need to Know

Sued By A Debt Collector?  Your Hearing Date is Likely to Change If  You Plan to Defend Yourself.

When sued by a debt collector, there is vital info you should be aware of.  The court often changes the hearing date for debt cases, depending on the circumstances.  This can often occurs right after the defendant supplies the court with an intent to defend.  The court calls the date and time on the notice sent to you a “default judgment” date.  Defendants rarely actually give notice of their intent to defend.  Because of this, the court fully expects to only have to shuffle paperwork, not actually hear the case.   Submitting an intent to defend will change things.

When the defendant submits the intent to defend, the court realizes the case must be “heard”.  Furthermore, Plaintiff needs to be notified that they have to also appear. Prior to this, Plaintiff has no intention of having to show up to beat you. These circumstances require the Court to reschedule the case.  Rescheduling the case allows enough time for Plaintiff to be notified and schedule an attorney to appear.  Also, it allows the court to pick a time where they will be able to actually hear arguments.

You Must Remain Adaptable When Sued By A Debt Collector.

Debt Collectors are fully aware of the common administrative functions of the court.  Unfortunately, Defendants are typically oblivious to how the courts operate.  As a result, a sudden change in schedule can be detrimental to the Defendant unless they remain adaptable.

It is often the case  that the Defendant takes a day off of work or reorganizes their schedule to make room for the hearing date given in their notice.  This leads to a situation where the Defendant may not be able to take off another day.  Additionally, any important errands that have been pushed to another day may not be able to be moved again.

Engaging A Debt Defense Attorney Alleviates These Concerns.

Common functions of the court are not the only things a Defendant is typically unfamiliar with.  Hiring an attorney experienced in cases involving a Defendant that has been sued by a debt collector alleviates these problems.  Having an attorney handle the matter for you means that you do not have to keep track of what the court is doing.  Your attorney will do that for you. Additionally, it is likely that your attorney can appear at these hearings without you have to be present as well.  If you are facing a debt collection lawsuit, consult with an attorney.  Consults at Starks Law are always free.