What are the procedures for filing a lawsuit to collect unpaid debt in court?

Collecting unpaid debt in court is probably the most effective method for repayment. Obtaining a judgment will hurt the debtors credit rating until it's been paid. Methods are slightly different from state to state so consider the following to be a general guideline for filing.

General Filing Procedure

Locate the courthouse for the county that the creditor resides in. It may be that a website exists for that courthouse with instructions on how to proceed. Small claims court tends to have an upper dollar limit meaning that the suit will have to be filed in the next court level. This information can be found either on a website or calling the clerk of court.

Obtain paperwork at the courthouse for filing in the appropriate section. The creditor will be filling out paperwork known as a motion. Keep the language simple when writing out the case. Include why the debt was incurred, the dollar amount and any relevant dates. Don't let emotions take over and overdo it. The court may hand your motion back to you and ask you to rewrite it.

Once the motion has been completed, file it with the clerk and pay the appropriate fee. The debtor has to be served with copies of the lawsuit by the creditor, now plaintiff. Check with the court to find out the acceptable methods of serving a notice.

Consider Hiring a Lawyer

There's only so much a creditor can do to collect on their debt. Sometimes the debtor won't take a judgment seriously without a lawyer on the case. Hiring a lawyer will ensure a greater chance of success.