If you’ve just learned that you’ve been sued, it is imperative that you contact an attorney right away to ensure that a judgment is not entered against you. Most times, an Answer must be filed, but the proper arguments need to be raised or they can be waived. Do not call the creditor’s attorneys, since their main interest is collecting money and judgments for their clients.

You should receive notice from the creditor who obtained the judgment, but it is also possible to discover a judgment was entered against you one of several other ways, including: finding it on your credit report, learning that a lien is preventing the sale or refinance of your home, being served with a property levy, bank restraining notice or income execution, or simply calling the Court Clerk for the county in which you live to see if they have any judgment records for you.

Depending on how long your wages have been garnished, and several other factors, you may be able to stop the garnishment altogether by challenge the underlying judgment with the Court. Alternatively, you may be able to negotiate a settlement, though different strategies have to be employed to obtain the best results possible.

Federal and State debt collection laws exist to ensure that debt collectors engage in fair collection activity that generally prohibits unfair, deceptive or abusive behavior. If your rights under these various laws have been violated, you can typically sue the collector for money damages and recover your attorney’s fees and costs.