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Everything you need to understand, before you file anything
Short lessons and long-form guides in one place. No email required and nothing to buy. Start at the top if you were just served, or jump to the section that matches your situation.
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8 min read
I was just served with a debt lawsuit. What do I do first?
The first steps after being served with a debt collection lawsuit: find your deadline, identify the plaintiff, and file a written Answer.
7 min read
Read your complaint with me, line by line
An annotated walkthrough of a typical debt collection complaint: the caption, the numbered allegations, the attachments, and what is missing.
10 min read
How to write an Answer to a debt collection lawsuit
The structure of a court Answer: caption, numbered responses, affirmative defenses, WHEREFORE clause, signature block, and certificate of service.
7 min read
What happens if you ignore a debt collection lawsuit
The step-by-step consequences of not responding: default judgment, wage garnishment, bank levies, liens, and post-judgment interest.
7 min read
How many days do I have to answer a debt lawsuit?
State-by-state answer deadlines for debt collection lawsuits, how the count works, and what to do if you are already late.
Debt ownership
9 min read
What is a debt buyer, and why is a company I never borrowed from suing me?
How charged-off accounts get sold in bulk portfolios, who the major debt buyers are, and why ownership is their weakest point.
9 min read
Securitization: what happens when your account becomes an investment
A step-by-step explanation of how consumer accounts get pooled and sold to investors, who ends up holding your paperwork, and what to ask for because of it.
9 min read
Chain of title: the documents a debt buyer has to produce
Bills of sale, account-level schedules, assignments, and allonges, and how to spot the gap in a debt buyer's ownership evidence.
Defenses
9 min read
Every common defense, explained before you choose
Lack of standing, statute of limitations, wrong amount, improper service, arbitration, identity theft: what each one means and when it applies.
8 min read
The robo-signed affidavit: why one page is not proof
How debt buyer affidavits are produced, what business records exceptions require, and how to challenge a sworn statement built on someone else's records.
8 min read
Statute of limitations on debt: what restarts the clock
How time-barred debt works, what typically starts the clock, and the actions that can revive an expired debt.
Court
9 min read
The discovery requests that end debt buyer cases
Requests for production, interrogatories, and requests for admission tailored to a debt buyer lawsuit, with the deadlines that follow.
6 min read
What court day actually looks like
Where to sit, what to bring, what the judge asks, and what to say when the plaintiff's lawyer walks over to talk settlement.
8 min read
Settling a debt lawsuit without wrecking your position
When to negotiate, what a settlement should include in writing, how dismissal with prejudice works, and the 1099-C question.
Judgments
10 min read
How to vacate a default judgment on a debt
The grounds courts accept for setting aside a default judgment, what a motion package contains, and how deadlines work when service was defective.
9 min read
How to stop or reduce a wage garnishment
Garnishment limits, exempt income, claims of exemption, hardship hearings, and what to do when a bank account is frozen.
Words you will see in your papers
One line each. If a word on your summons or complaint is confusing, start here.
- Affidavit
- A sworn written statement offered as evidence instead of live testimony.
- Affirmative defense
- A reason you should win even if some of the plaintiff's facts are true.
- Allonge
- A page attached to a promissory note that records a transfer of the note.
- Answer
- Your written response to the complaint, filed with the court.
- Assignment
- A document transferring rights in an account from one party to another.
- Bill of sale
- The document recording that one company sold a batch of accounts to another.
- Certificate of service
- Your signed statement that you mailed a copy of your filing to the other side.
- Chain of title
- The documented path an account traveled from the bank to the company suing you.
- Charge-off
- An accounting step where the bank writes the balance off its books as a loss.
- Claim of exemption
- The form you file to protect income the law says cannot be taken.
- Complaint
- The document that lists what the plaintiff claims you owe and why.
- Debt buyer
- A company that bought your charged-off account from the bank for a fraction of its face value.
- Default judgment
- A judgment entered because you did not respond, without anyone hearing your side.
- Discovery
- The formal process of demanding documents and answers from the other side.
- FDCPA
- The federal Fair Debt Collection Practices Act, the law regulating debt collectors.
- Garnishment
- A court order sending part of your pay or bank funds to a judgment creditor.
- Motion to vacate
- A request asking the court to undo a default judgment so the case can be defended.
- Original creditor
- The bank or lender you actually opened the account with.
- Securitization
- Bundling many accounts into a pool and selling investors a share of what it collects.
- Service of process
- The formal delivery of the lawsuit papers to you.
- Standing
- The plaintiff's right to sue you on this specific account.
- Statute of limitations
- The legal time limit for filing a lawsuit on a debt.
- Summons
- The court's notice telling you that you are being sued and how long you have to respond.
- Validation notice
- The written notice a collector must send describing the debt and your right to dispute it.
Ready to put it on paper?
The toolkit walks you through the same material one question at a time and builds your documents from your answers.
Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.