I just received a legal paper headed "Additional Notice of a Lawsuit"
The paper has this line: "Attention: a lawsuit has been filed against you claiming that you owe money for an unpaid consumer debt."'
What should I do? What material on the court website can help me?
How do I explain that:
- It is not my debt; I am a victim of identify theft or mistake identity
- I have paid all or part of the alleged debt
- I dispute the amount of the debt
- Other grounds
The "Consumer Credit Reform Resources" page provides forms and explanations on how to respond to such a legal summon or notice:
- Written Answer Consumer Credit Transaction (UCS-CC-1)
- lists defenses against the case.
- Vacate Default Judgment in a Consumer Debt Case
- A DIY form that lets you tell the judge why you missed your court date or didn't answer a summons and complaint.
- Order to Show Cause to Vacate Default Judgment (UCS-CC-2)
- To restore case to the calendar, and vacate any judgment, liens and income execution, allow answer or dismiss the action
- Affidavit in Support of Order to Show Cause (UCS-CC-3)
- List of improper service procedures, list of reasons for excusable default; defenses can be selected from UCS-CC-$
- Order to Show Cause Information Sheet on Defenses (UCS-CC-4)
- List of 18 possible defenses to a consumer debt case
- Supplemental Affidavit in Support of Order to Show Cause (UCS-CC-5)
- Information Sheet on Service (UCS-CC-6)
- Explanation of Personal Service, Substituted Service and Conspicuous (Nail and Mail Service)
The New Economy Project, a Judiciary Civil Legal Services Funds grantee, has "Know Your Rights Guides" on debt collection and defending creditor lawsuits that provide guidance on reading a Civil Court summons and negotiating a settlement agreement in court, as well as case preparation and defenses.