Frequently Asked Questions
There are two main types of questions we often get asked. One set of questions relate to things that come up if you’re being sued – basic questions like, “Who is Suing Me?” and “What are my Options if I’m being Sued?” The other type of question involves Your Legal Leg Up, what we do, how we do it, and what kind of product, if any, you need from us. For this second type of question, please see the “About Us” section or Our Recommendation, where we discuss your situation and what we suggest you do. Here we state questions we often get about litigation in general and give a brief answer along with links where you can find more related information.
Questions and Answers
How Do I Contact You?
You can contact us in either of two ways: through a contact form provided by the site in various places, or, better yet, by emailing us at Info@YourLegalLegUp.com.
How Do I Find Stuff here?
We’re soon going to have a better answer for this, as we’re working on two main guiding documents that will make general browsing more convenient. For now, your best bet is to do a “site search” by plugging in a word related to what you’re looking for in the search bar. You will find many responses to almost any search.
Where do I Start and How do I Join?
Where you start depends a lot on what brought you here. If you have just found out you’re being sued, I’d suggest our short video, Do I Respond, How do I Respond, and What do I Respond?” If you are in the middle of the suit and looking for something specific, you should just do a site search for what you want.
Who Is Suing Me?
The person or company suing you is usually the one named as “Plaintiff” in the lawsuit, but this is not actually always the case. For more, see Who Is Suing Me?
What if I haven’t been served but find out someone is suing me?
We usually recommend taking no action in this situation, but you will need to watch what happens in court. For more on this, see Sued Not Served.
How do I make the debt collector cooperate with discovery and give me the things I’ve asked for?
When you send discovery – interrogatories, requests for documents, and requests for admissions – you wait till the deadline and hope they send you answers or documents, but they never do. Instead, they play a game called “stonewalling,” where they object to everything. To make them play right, you have to follow certain steps I call the “Motion to Compel Cycle.” Here’s how you do that.
How do I know if I was served the lawsuit correctly and what difference does it make?
A court cannot constitutionally take jurisdiction over you unless you’ve been correctly sued. To start figuring out whether you’ve been served correctly, see our article and video What is Service of Process?
Should I Defend Myself Pro Se? Isn’t it better to have a lawyer?
Finding and hiring a good lawyer is the “gold standard” of defense, but it’s hard to find a lawyer who will actually defend and fight for you at all in debt cases, and it’s expensive to hire them if you can. Luckily, debt law is narrow enough so that most people can defend themselves. Some do it all by themselves, but we think you need help to give yourself the chance to win you deserve. For much more on this topic, see, Should I Defend Myself Pro Se?
Do I have a Right to a Jury Trial? Should I Demand One?
You have a right to jury trial for most debt cases, and we think you should strongly consider demanding one. It will make the judge take your case more seriously, apply the rules of evidence more rigorously, and it will make the other side spend much more time on the case, which they hate. And jury trials are not scary. For more on this topic, see Your Right to a Jury Trial.
Do Your Materials Work against Original Creditors?
Yes. There are some differences between original creditors and debt buyers, but our materials will work for you no matter who is suing you. For much more on this topic, click on this link.
They’re Suing me and my Business, Can and Should I Defend?
You can defend yourself and should, in our opinion, but the question of defending your business is more complicated and depends on how your business is formed and your state laws. For much more on this, see our article, “What if they’re Suing me and my Business?”
They’re Suing Me and My Spouse, What do I do?
The answer to this question is going to depend on many things, including your state law and whether or not both you and your spouse signed the application or debt instrument. For much more on this topic, including how involved a “shy spouse” should be in the case defense, click here.
They’re Suing Me for a Lot of Money – Won’t they Fight Harder?
We have seen people sued for 25,000, $50,000 and $75,000, and the debt collectors treated them the same and eventually walked away from all of those suits. The reason may lie in a concept called “opportunity cost.” For much more on this, see, Won’t they Fight Harder if they’re Suing me for a Lot of Money?
I Only Have Social Security and They’re Suing – What do I do?
The answer to this question can be complicated. If ALL you have is Social Security benefits, they can’t get those, but we don’t think that necessarily means you should just give up and let them get a judgment. For much more, Click here for what we think.
I think you might be able to help me defend myself. What should I buy? How do I join?
We have products for specific situations, but if you’re anywhere near the beginning of your lawsuit, you should consider membership with us. We discuss this question in detail in this article: What to Buy, How to Join. [to be published by Feb 5]