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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.
Someone knocked, handed you an envelope, and now there is a lawsuit with your name on it. Before anything else: this is a civil case about money. Nobody is going to arrest you, and nothing has been decided yet.
Step 1: Write down the date you were served
Every deadline in your case counts from this date. Write it directly on the first page of the papers. If the papers were left at your door or mailed, note that too, along with the date you actually received them. How you were served can turn into a defense later.
Step 2: Find four pieces of information
Open to the first page and locate:
- The court — its name and the county
- The case number — it goes on every document you file
- The plaintiff — the company suing you, listed at the top of the caption
- The response deadline — printed on the summons, usually 14 to 35 days
Step 3: Figure out who the plaintiff actually is
If the plaintiff is a bank you recognize, an original creditor is suing you. If it is a name like Midland Funding, LVNV Funding, Portfolio Recovery Associates, Cavalry SPV, or Jefferson Capital, a debt buyer is suing you. A debt buyer purchased your charged-off account in a bulk portfolio, usually for a small fraction of the balance, and was never a party to your original agreement.
That distinction changes your strategy completely. A bank generally has your statements and your agreement. A buyer usually has a spreadsheet row and an affidavit.
Step 4: Inventory what they attached
Look at every page after the complaint and ask three questions about each attachment:
- Does this name my specific account number?
- Did the original creditor create it, or did the plaintiff?
- Does it show how the amount was calculated, or does it just assert a total?
Many complaints attach only an affidavit from an employee of the company suing you, plus a bill of sale that refers to a portfolio of thousands of accounts and never mentions yours.
Step 5: File a written Answer before the deadline
This is the step that decides most cases. If you file an Answer, the plaintiff has to prove its case. If you do not, it asks the clerk for a default judgment and wins without producing a single document. A default judgment is what later becomes a wage garnishment or a frozen bank account.
An Answer is a short document. It responds to each numbered paragraph of the complaint with admit, deny, or lack of knowledge, lists your affirmative defenses, and ends with a request that the case be dismissed. It does not require a lawyer, and it does not require you to explain your finances.
Step 6: Do not make a payment yet
A small payment can restart the statute of limitations on an old debt in many states. A written statement acknowledging the debt can do the same. Settlement is a reasonable outcome, but negotiate after you know how strong their paperwork is, not before.
Step 7: Calendar everything
Put the answer deadline in your phone with a reminder a week early. Put a second reminder three days early. People miss deadlines because life is loud, not because they did not care.
The plaintiff carries the burden of proof. You do not have to prove you owe nothing. You require them to prove that you do, to them, in this amount.
That is the entire posture of a well-defended debt case, and it starts with one filed piece of paper.
Turn this into filed paperwork
The $47 toolkit asks one question at a time and builds your Answer, defenses, and discovery requests as editable Word documents.
Start your responseKeep reading
- What is a debt buyer, and why is a company I never borrowed from suing me?
- Read your complaint with me, line by line
- Every common defense, explained before you choose
- The discovery requests that end debt buyer cases
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.