Many times, a creditor's attorney will file a lawsuit simply in hopes of receiving a Default Judgment against a debtor business with NO intention to actually take a case to trial.
If the defendant (debtor business) fails to file an answer to the lawsuit by or before the answer date deadline, the court is likely to award a Default Judgment to the creditor for the full amount claimed, plus attorney's fees (up to 1/3 the amount of the debt), court costs and possibly back AND future interest on the debt. Once a Default Judgment is issued, the creditor's attorney will have additional legal tools available to hunt for and attach to assets of the debtor business.
This situation should be avoided if at all possible.
Even if a debtor business does not retain your services, you should encourage them to file an answer to the lawsuit. There is a chance this will be all it takes to keep a creditor at bay and the lawsuit could be dismissed by the plaintiff without further effort on the debtor business's part.
Scott F. Soape
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