Common Case Types
Defending a Debt Collection Lawsuit
What to do when a creditor or debt buyer sues you, and why responding matters.
Don't ignore it
Most debt lawsuits end in default judgments because the person sued never responds. A judgment can lead to wage garnishment or a bank levy.
Questions to ask
- Is the plaintiff the original creditor or a debt buyer? Debt buyers must prove they own the debt.
- Is the amount right, including fees and interest?
- Has the statute of limitations run?
- Were you properly served?
Federal protections
The Fair Debt Collection Practices Act limits what third-party collectors can do and lets you request validation of the debt. Violations can support a counterclaim.
Sources
General information, not legal advice.
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