First, an institution that is owed money usually exhausts all their non-suit options before referring the account to their attorneys. Like any other service, lawyers cost money and institutions as a general rule control costs as much as possible. After a period of time with no success at collections, however, companies will send an account to their counsel. Lawyers usually also pursue non-suit options through their mail and phone communications before beginning the suit process, avoiding court filing fees if at all possible. When you do get served with papers, it should be through the local sheriff’s office or officer acting as constable. You should in Massachusetts receive a summons, your notice of the lawsuit; a complaint detailing the allegations of the debt owed; a uniform counsel certification by the company’s attorney and a statement of damages itemizing the amounts sought to be recovered by suit. In Massachusetts you have twenty (20) days after service of the summons to file an answer with both the court and company’s attorney. Lawyers generally respond to complaints by admitting, denying or stating inability to answer each allegation as listed. As your time is limited, seeking the advice of an attorney in your jurisdiction regarding responding to the suit or filing for bankruptcy is important.

Failure to respond to a complaint will allow the company filing suit to obtain a default judgment against you and even an answer to a complaint may lead to the company’s attorney obtaining a summary judgment against the debtor on the basis of no dispute as to material facts in the complaint. As this advice is particular to Massachusetts, and only a description of the suit process for the purposes of education, it is as always important to consult an attorney in your jurisdiction regarding your defense of a civil action or bankruptcy.