Legal Question in Business Law in Nevada

I have been served with a civil lawsuit for credit card debt for a business that closed in 2008. I have filed my response within the 20 days. Should I appear before the judge when the court date is set? The lawyer who assisted me in preparing my answer said not to appear, just let them get the judgment. I wanted to appear to show the judge that I have been trying to settle this debt for over a year and I have had 3 other creditors settle for what I am offering this creditor. Should I appear or not? Any suggestions of what is going to happen next would be appreciated. This is for a business debt, but they are going after me personally, as there was a personal guarantee on the credit card.


Asked on 1/07/10, 8:00 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

I have posted several times in this forum that credit card lawsuits are, in many cases, completely defensible under Nevada law, if a timely response is filed and properly served. For example, my office obtained a voluntary dismissal of a $14,000 credit card lawsuit, even after a so-called "arbitration award" was rendered by NAF, the National Arbitration Forum. The costs of the defense were under $3,000.

If you do not properly defend the case, including engaging in appropriate pretrial discovery, and motion practice, and a judgment is rendered against you, you can lose your money and property through official Court post-judgment collection process.

Your attorney, if and when you hire one to actually file papers in the case, can explain further.

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Answered on 1/12/10, 9:40 pm


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