Plaintiff
You are being sued by Another plaintiff
Plenty of smaller buyers and collection law firms file suit under names you will not recognize. The approach is the same: read the caption, find out whether the plaintiff is the original lender or a buyer, and make them document how they got your account.
The deadline is the only thing that is urgent today
Your summons states how many days you have to file a written response, generally 14 to 35 days from the date you were served. If that date passes without a filing, Another plaintiff can ask the clerk for a default judgment and win without producing any document at all. Everything else can wait until after your Answer is filed.
Where their paperwork usually falls short
- Any sale or assignment document naming your account
- Records created by the original creditor rather than the plaintiff
- Itemization of the amount claimed
Defenses commonly raised in these cases
- Lack of standing / no proof of assignment
- Amount claimed is unverified
- Statute of limitations
- Improper service
Raise the defenses that match your facts. The toolkit explains each one and when it applies before you select it.
Your next four steps
- 1Write the date you were served on the first page and calculate your deadline.
- 2File a written Answer with the clerk of the court named on the summons, and mail a copy to the plaintiff's attorney with a certificate of service.
- 3Serve discovery asking Another plaintiff for the bill of sale and the account-level schedule naming your account number.
- 4Calendar the response deadline and keep copies of everything you send and receive.
Sued by someone else?
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.