What to Expect Your First Day in Court When Sued for Debt

If you're being sued for debt, you have likely received what's called a “summons” telling you to respond to the attached petition and go to court on a certain date and time. Answering the petition is not hard—it's actually easy. But then what? Do you still have to go to court? And what happens if you do? You usually still have to go to court. This article tells you what to expect.

Once you answer the petition, you should not be defaulted no matter what happens. That's the theory. But the practical reality is that even if you file an Answer but don't show up at court, your case may be defaulted anyway. You could probably get that default vacated or “set aside” pretty easily, but it's a needless risk. Instead, once you have answered the petition you're in a much better position in terms of asking the court (and the other side) for a “continuance” (delay) to a more convenient time if you need one. Filing an Answer raises your status is court dramatically. And remember, it's easy to do.

What to Expect the First Day

What you are likely to encounter in court is a sort of crazy scene. In any big city, there are likely to be hundreds of people milling around the courtroom. There may be several hundred cases on the “docket” (court calendar) for the day. It could take the court a couple of hours to call through the names, and you need to be present to hear your name called so that you can announce your presence.

Usually, nothing of real importance happens on that first day where you are required to Answer and show up. If you do not show up, the case will be defaulted. If you do show up, however, the case may well be continued (postponed) to another date about a month later, and nothing at all is done on the first day.

That's what usually happens in the St. Louis courts. Sometimes, however, the courts want to set up a calendar schedule for the rest of the case, and this may well include deadlines by which the parties must finish with their discovery, file any motions, and even the trial date. 

Knowing what to expect throughout the litigation process is crucial to your success against the debt collectors, as your discomfort is one of their main advantages. To get yourself completely ready, use either my Litigation Bundle or Litigation Video Series.