Read your complaint with me, line by line

Put your papers next to this page. Every complaint has the same skeleton.

The caption

The block at the top names the court, the county, the parties, and the case number.

• Plaintiff is the company suing. If it is a name like LVNV Funding or Portfolio Recovery Associates, you are dealing with a debt buyer.
• Defendant is you, listed as your name appears in their records. If the name or address is wrong, note it.
• Case number goes on every document you file. Copy it exactly.

The jurisdiction and venue paragraphs

Boilerplate stating that this court can hear the case and that you live in the county. Usually true, sometimes not. If you were sued in a county you have never lived in, that is worth raising.

The allegations

These are numbered paragraphs. A typical set says: the defendant opened an account with a named bank, the defendant used it, the defendant stopped paying, the account was sold to the plaintiff, and the balance is a specific number.

Your Answer responds to each numbered paragraph with one of three responses:

• Admit — you know it is true
• Deny — you know or believe it is not true
• Lack of knowledge — you do not have enough information to admit or deny, so the plaintiff must prove it

"Lack of knowledge" is not a dodge. For an allegation like "the account was sold and assigned to plaintiff," you genuinely were not part of that transaction and have no way to verify it.

The attachments

This is where cases are won and lost. Look for what is actually there:

• An affidavit signed by an employee of the plaintiff, swearing the balance is accurate based on records they received
• A bill of sale that names a portfolio and a date, often with the price and account details redacted
• One or two statements, sometimes only the last one
• A generic cardholder agreement with no signature and no proof it applies to your account
• Nothing at all

Ask of each attachment: does this name my account number? Was it created by the original creditor? Does it show the amount, or just repeat it?

The prayer for relief

The closing paragraph asks for the balance, plus interest, costs, and sometimes attorney fees. Attorney fees are only available if a contract or a statute allows them, which is another thing the plaintiff has to prove with the actual agreement.