- On your court date, both you and the creditor, or your respective attorneys, have the right to introduce your side of the case. The creditor will usually go first, as he is the plaintiff in the case. He will read an opening statement in front of the judge explaining his claims. Your attorney then gives the judge a statement explaining your defense. After the opening statements, each side has the right to present witnesses and evidence regarding the case.
- Your creditor will probably present evidence as to why it believes you owe the debt. It may produce bills or copies of correspondence between you and debt collectors. If your creditor calls any witnesses, your attorney has the right to ask them questions after your creditor finishes. After your creditor finishes presenting evidence, your attorney will present evidence based on your defense. For example, if you claim you don't owe the debt, your attorney may present proof that you already paid the debt such as canceled checks or proof that someone else with a similar name actually owes the debt.
- Your attorney and your creditor's attorney may choose to settle the case out of court at any time during the trial. Usually, this involves meeting face to face and negotiating an agreement. For example, you may agree to pay part of the debt in exchange for your creditor's attorney dropping the lawsuit. If both sides agree to settle the case, you both sign papers and present them to the judge. The judge enters the agreement into the record and you must then honor your side by making all payments as required. If you fail to make payments as agreed, your creditor may re-open the lawsuit.
- After both sides present evidence, the judge determines whether you owe the debt. If she decides that you do, she enters a judgment against you for the amount of the debt plus attorney's fees. If you fail to pay the judgment, your creditor can request that the court garnish your wages or your bank account to pay back the debt.
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