Greenberg & Sada

A Collection Of Experience To Serve You


Frequently Asked Questions

Please understand nothing on this page is intended to be legal advice or any specific recommendation on how you should proceed in your case. This law firm may represent the Plaintiff listed on your paperwork. This law firm does NOT represent you. 

These are general answers to questions frequently asked and you are strongly advised to seek the counsel of an attorney of your choice for specific questions regarding your specific case.

1. Can I pay your firm and avoid going to court?


You can always call the law firm, or the Plaintiff’s office, at the number located on your Summons, if you are interested in paying your bill however, whether you should still appear in court depends on the situation and should be addressed on a case-by-case basis.

2. Do I have to pay the amount I was sued for?


If you do not agree with the amount stated in the Complaint, your Summons should instruct you on how to proceed.

3. I am going to file bankruptcy, do I still have to go to court?


Until you actually file the bankruptcy petition, the possibility that you might file one or your intent to file one someday soon, does not change the fact that a lawsuit has been filed against you.

4. I can’t make it to court the date of my Summons, can I have another date?


If you cannot make it to court on the date of your Summons, and you do not have a mutual agreement with the law firm, or the Plaintiff, for a new court date, your Summons will explain your options to you.

5. I can’t pay this in full, can I make payments?


If you are interested in setting up a repayment plan, you should contact the law firm, or the office of the Plaintiff in your case, to discuss an acceptable agreement.

6. I had insurance why are you suing me, my insurance should pay?


Typically, your insurance policy is a contract between you and your insurance company. If you believe that your insurance company is responsible, you can contact them on your own.

7. I missed my court date, what do I do now?


If you were properly served and you did not appear for your court date, a default judgment may have entered against you.

8. I received a Notice to Set, do I have to go to court?


No. A Notice to Set does not require your appearance in court. You can call the number provided on the Notice if you would like to participate in choosing a date for your trial.

9. I was served with Interrogatories. Do I have to answer them?


If you were served with the Interrogatories, you are under Order by the Court, to answer them, within the time stated on your paperwork.

10. I was sued. What happens if I don’t go to court?


If you were properly served with papers to appear in court and you do not appear, and do not have any prior agreement with the Plaintiff or their counsel with regard to your failure to appear, a default judgment may be taken against you.

11. I wasn’t personally served with the paperwork, can you still sue me?


Service of papers may still be proper, in some situations, even if the papers were not handed to you personally.

12. If I don’t show up in court will there be a warrant for my arrest?


If a bench warrant is a potential consequence to your failure to appear for your court date, a warning will appear on the paperwork you received, to advise you of this.

13. My ex-spouse was ordered to pay this in our divorce why are you suing me?


Your divorce decree does not supersede the law and cannot bind persons other than the parties to it.

14. The Plaintiff won’t work with me, can I set up a payment with your office?


Neither the law firm, nor the Court, can force the Plaintiff to take the payments you are offering. If you are unable to reach an agreement with the Plaintiff, you are free to send the amount you choose or can afford but keep in mind that this does not prevent the Plaintiff from proceeding with any remedy they are entitled to, under the law.

15. Why do I have to pay attorneys’ fees and/or court costs?


Depending on the type of case that was filed against you, attorneys’ fees and/or court costs may be charged to you, either by statute or by contractual agreement.

16. Why was my spouse sued, this is my debt?


Your spouse may have been named as a joint Defendant in the case, either based on a contract or by statute. Your Complaint may have more specific information on which of the two, if not both, applies in your case.