Lawsuits/Judgments

Creditors will sometimes take you to court after several months of non-payment (usually filed in New York State Supreme Court or local City Courts for Middletown and Newburgh).  Not all creditors will take you to court, however, and the speed with which you receive lawsuits varies from creditor to creditor.

Remember, a lawsuit is an official court document (called a “Summons and Complaint”) served upon you, usually in person or left outside your door.  A collection letter is NOT a lawsuit, although some collectors will want you to think so. 

If you receive a lawsuit, you will want to address it as soon as possible.  There is a narrow time frame in which to answer a summons and complaint.  If you do not answer the lawsuit in a timely manner, a default judgment will be filed against you in the county in which you reside.  Once entered, default judgments go against any real property you have, but can also result in wage garnishments or frozen bank accounts if ignored. 

Before the problem gets out of control, you should speak with Simon Haysom, an experienced attorney who has helped thousands of people in your shoes.  Your creditors have flocks of lawyers in their stable fighting for their rights; if you are sued, you need a competent lawyer on your side fighting for you.