What is A Complaint?

When you are served by the Plaintiff in a Credit Card Debt Lawsuit....

A Complaint is the Initial document filed by the plaintiff in a civil case stating the claims against the defendant.

Here the Plaintiff lists things such as:

The Plaintiff is the Assignee of Joe Blow Bank.

The Defendant is indebted to the Plaintiff for $15,000.00

Wherefore, the Plaintiff seeks judgment for $15,000.00 plus $12,000 Interest and all other proper relief provided by law and the contract.

Something like the above. Every Complaint is different the above is an example.

You need to pick at the complaint

Are you indebted to the Collection Agency or were you indebted to the Original Creditor?

Most likely the Original Creditor and trust me it wasn't for the amount they are asking for now is it? Here is where you think, look at this scumbag trying to get $15k out of me and I never signed a contract with this Plaintiff. That is where the assignment comes in. Make them prove the Assignment.

When you signed the contract with the Original Creditor somewhere in the Terms and Conditions it must have stated that they have the right to assign your debt and other terms. Well, if so, the Plaintiff who is claiming you are indebted to them must show you a copy of that Assignment proving that the Original Creditor did indeed sign over all their rights to the Plaintiff to lawfully sue you.

Think about how old your debt is

If it is really old let's say 5-7 years .. this debt could have gone down a whole heck of a lot of collectors before it reached this one. Therefore, they could be numerous things 1. the assignee of the assignor, or 2. the assignee of an assignee and maybe worse 3. the assignee of an assignee of an assignee. You need to make them prove that the ORIGINAL CREDITOR signed this over to them only.

Legal Disclaimer- I am not a lawyer, I am not providing any legal advice nor am I claiming to be a legal or debt expert. This information is provided on my own research and experiences with my own Debt Lawsuits. This information and sample documents are for research and sample purposes, use this advice and forms at your own risk.