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What Happens After You've Been Served

The First things you want to ask yourself is:

1. Does your State require the Written Instrument to be attached to the Complaint? Meaning the contract that they are suing you for? If so, is it attached? If it is required and it is not attached you can file a Motion to Dismiss because the Plaintiff failed to attach the Contract. OR you can file a Motion to Comply with the Trial Rule stating that the written instrument is required to be attached with the complaint. Ask the court to give the Plaintiff 30 days to Amend their Complaint complying with your Trial Rule, and if they fail to do so within that time frame you request a Dismissal with Prejudice.

2. Is this Debt Time Barred? Meaning have the years run out for the Plaintiff to use the courts to sue you? Another meaning would be the Statute of Limitations.

Each State has their own Statute of Limitations for collecting a Debt. I live in Indiana so my Statute of Limitations for Collecting a Debt is 6 years on an open Contract and 6 years on a Written Contract.

If I defaulted (the last date that I made a payment to this account) from the year 2003 and earlier all of the lawsuits that come at me are time barred. The Statute of Limitations have run out for the Plaintiff to legally collect their money.

3. Is there an Affidavit attached to the Complaint? Is the affidavit signed by someone who is employed by the Original Creditor? Is it signed by someone who is employed by the Junk Debt Buyer?

An affidavit is sometimes grounds enough alone if uncontested to get a judgment.

Hearsay - Look under your Rules of Evidence. You may be able to file a Motion to Strike the Affidavit.

If it is signed by someone who is employed by the Junk Debt Buyer you have grounds to strike to the affidavit as hearsay. The affidavit should be signed by an employee of the Original Creditor. Any employee of a Junk Debt Buyer is not

4. Have you Ever sent the Collection Agency Suing you a Debt Validation letter? And if so, did they respond to it?

If you have sent the Collection Agency suing you a Debt Validation letter and their response was a lawsuit and never validated the debt well then you can Counter Sue them right back for $1000.00. You will need proof that you sent the letter to them and they never responded.

Fair Debt Collection Practices Act Sec. 1692g. - Validation of debts

(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

There is more detail about counter suits in the menu to the left.

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