In the previous article, “What is a Debt Buyer Lawsuit”, I discussed the debt buyer’s process of initiating a lawsuit to collect debt.

Now that you’ve been served, what do you do? For a video explanation, you can go to my YouTube channel and watch the video.

First, read the summons and complaint and the exhibits that are attached to the document. The summons and complaint will tell you the specific court date for the first court hearing. The summons and complaint will also tell you if you must either file a written answer to the complaint, or appear in court, or both. Write the court date in your calendar so you don’t forget.

Next, the complaint will set forth the reasons why the debt buyer is suing you and why they allege that you owe them money. These statements are just allegations. The debt buyer has to prove the allegations. If you’re required to answer the complaint in writing to the court, then you must do so before the court date.

The allegations in the complaint will be pretty simple and concise:

1. That the debt buyer purchased debt from a creditor, or some other entity. In either case, the debt buyer is stating that they purchased a debt.
2. That the debt was incurred by you, the defendant.
3. That the debt buyer, by purchasing the debt, is now the owner of the debt.
4. That the debt buyer is now entitled by law to collect the debt from you.

These are the basic allegations that the debt buyer will make. Every complaint states basically the same set of “facts”, but may be worded a little differently. Keep it simple: The debt buyer bought debt that you owe, the are the legal owner of the debt, and now they want the money from you.

If you’re required to answer their allegations, then you need to answer each allegation that they are making in their complaint. Your answers must be truthful. But, if you do not know the answer to an allegation, you must state that in your answer.

For example, responding to the allegation that “the debt buyer (Plaintiff) purchase the debt from a creditor” is simple. How would you know if the debt buyer purchased the debt? If you do not in fact know that the plaintiff purchased the debt from a creditor (or some other entity), then you deny that allegation. You’re telling that court in your answer that you don’t know that and the plaintiff must prove it.

Another example is the plaintiff’s statement that “Defendant owes the debt”. Even if you know that you owe the debt, the amount that the plaintiff is alleging may not be correct. Do you really know if that amount of debt the plaintiff alleges is true? Probably not. Therefore, you answer by denying that allegation. You’re telling the court that you simply don’t know if you owe that amount.

Another point: You may not owe the plaintiff anything! Why is that? The plaintiff is alleging that they purchased debt from a creditor whom you owe. The plaintiff has to prove it. This allegation can also be denied because you have no facts presented by the plaintiff that they in fact own the debt. Their statement means nothing. They need to prove to the court that they own the debt.

I could go on and one here on answering the complaint. The basic message that I’m sending to you is – If you don’t know for a fact what the plaintiff is alleging, then you need to deny their allegation and put them to their proof.

In the next article, I’ll discuss the viability of any exhibits that the debt buyer attaches to their complaint.