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

 


Answer

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. 

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  • Last Updated Dec 04, 2023
  • Views 43
  • Answered By Librarian 5

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