Sued by Wells Fargo Bank For Debt?

Wells Fargo is one of the largest and oldest banks in the United States, with a history dating back to 1852. The bank is headquartered in San Francisco, California, and it provides a wide range of financial services, including banking, lending, investment, and wealth management services.

Wells Fargo Bank also sues consumers for debt if they default on accounts.

Wells Fargo Bank Aggressively Pursues Lawsuits

If you have been Sued by Wells Fargo, it is common for their attorneys to quickly file a Motion for Summary Judgment, supported by documents and an affidavit.  Below is a portion of an affidavit filed in a lawsuit we defended recently.  We have defended hundreds of Wells Fargo Bank Lawsuits.

What to do if Wells Fargo Bank has Sued You

If you have been sued by Wells Fargo Bank, it means that they have taken legal action against you in an attempt to collect a debt that they claim you owe. When you are sued by a debt creditor, it is crucial to take the matter seriously and respond appropriately.
 
 
  • Do Not Ignore the Lawsuit: Ignoring the lawsuit will result in a default judgement against you followed by potential garnishment of your bank account or wages depending on state collection laws.
  • Hire an attorney on a Flat Fee – Navigating the Court process can be complicated. Additionally, you will likely be required to appear in Court one or more times. If you hire an attorney they will likely be able to appear for you. You should know what the fee is going to be and avoid paying a lawyer by the hour since this could get very expensive.
  • File a Response to the Complaint: You must respond to the lawsuit by filing an answer with the court within the specified deadline (usually 14-30 days from service). The deadline varies depending on what Court the case was filed in. In your answer, you generally must deny the allegations of Wells Fargo or you will admit the debt.
  • List Defenses: In your answer, you can also assert any valid defenses you may have, such as disputing the debt’s accuracy, claiming the debt is past the statute of limitations, or arguing that you’re not the responsible party.
  • Attend Court Hearings (or hire an attorney): The Court will likely set deadlines and hearings in your case. Make sure to attend all scheduled hearings and proceedings and handle all deadlines. This is another reason why it is wise to hire an attorney who focuses on debt lawsuit defense.
  • Comply with Court Orders: Follow any court orders or judgments. Failure to do so can result in additional legal consequences.
  • Prepare for Trial: If negotiations fail and the case goes to trial, work with your attorney to prepare a strong defense and gather evidence to support your position.
  • Negotiate a Settlement: Your attorney may be able to negotiate a favorable settlement as opposed to leaving it up to the judge at trial. This is often a wise resolution to eliminate the risks of trial but you must make sure there is a valid written settlement agreement to ensure the debt is actually resolved. 
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What Happens With a Judgment?

Your Bank Account Can Be Frozen and Emptied by Many Judgment Creditors

A Judgment Can Often Cloud Title on Your Homestead Property

A Judgment is Published on your Credit Report as a “Public Record”

With a Judgment, certain property can be sold at auction to pay towards the judgment

Do I Need a Lawyer?

Without a Lawyer

Default Judgment
The vast majority of collection lawsuits end up with a judgment against the consumer. This is primarily because the consumer did nothing to protect themselves or they attempted to defend the lawsuit themselves.

With a Lawyer

No Default Judgment

Most of our cases are dismissed by the creditor prior to trial or we reach a favorable settlement for our clients depending on the circumstances of their situation.

Mike Weston is a seasoned debt lawsuit defense attorney and founder of Weston Legal. Since 2005, Mike has devoted his career to compassionately helping consumers struggling with issues involving their personal and business debts. Mike is grateful to have been able to help tens of thousands of clients become empowered with knowledge on the path to financial stability.

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