Who Is Suing You?

The most important text on your summons is the caption, the block at the top naming the parties. Find the plaintiff there, then find it below. What kind of company is suing you decides what it has to prove, and what it has to prove decides how your case gets defended. I've written a page on each of these outfits. If yours isn't listed, the general advice in sued for an old credit card debt still applies, and you generally have thirty days from service to file a response either way.

Debt buyers

Companies that purchased your defaulted account, usually for pennies on the dollar. The first thing every one of them must prove in a defended case is that it owns your account at all.

Banks suing on their own cards

Original creditors. No ownership mystery to chase, but a lawsuit is still not a bill. The records, the numbers, and the timing all still have to be proven.

Collection law firms

The firm on your paperwork is usually filing for a client. The client is the plaintiff, and the caption tells you which kind of case you actually have.

Servicers and name decoders

Names that show up on letters and statements while a different company does the suing.

Whoever it is, the clock is the same

You generally have thirty days from the day you're served to file a written response with the court. Before you decide anything, the top five mistakes people make when they get sued is five minutes well spent. And if you'd rather hand the whole thing to someone who does this for a living, the consultation is free, it takes fifteen minutes, and you speak with me directly. No intake screener, no telemarketer.

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