The Motley Fool Discussion Boards

Previous Page

Personal Finances / Credit Cards and Consumer Debt


Subject:  Re: Anyone ever fought a debt lawsuit? Date:  2/22/2012  9:33 AM
Author:  DufusGoneSplat Number:  304530 of 309667

Thank you Joel. You obviously put a lot of time into this response.

The defendant can optionally file an Answer for the judge to read ...

As I understood, if we didn't file an answer, the judge could give a default settlement to the Plaintiff. Filing was $92 (that sucks!)

The judge usually drives the process at trial. He asks questions of both parties until he's satisfied that he understand the relevant facts of the case.

This sounds like what I expect at the pre-trial. I guess the judge is going to make sure everyone is ready for trial. It would be nice if I could get a feel as to how he's thinking. I would like to make an offer to the judge and Plaintiff - lay all cards on the table in this informal setting with an agreement to accept the judge's "opinion" as settlement without a trial and actual judgment. If we lose, we pay but w/o a formal judgment, and if we win, we smile and leave. I wonder what the chances are.