THE BASICS OF DEFENSE AGAINST CREDITORS' LAWSUITS

This guide provides general information for individuals facing debt collection lawsuits in New York City civil courts. This guide does not apply to courts outside of New York State. It is not a substitute for legal help in your individual case. Can a creditor that Akadhina if you owe a debt? Yes. These days it is common for creditors to file lawsuits to collect debts. In New York, the creditor usually files a lawsuit in the county in which you live. What is a debt buyer? Debt Buyer is a company that specializes in buying and collecting an old debt. If you don't pay a debt, your creditor can sell it to a debt buyer. The buyer will then try to collect that debt from you. This practice is legal. Debt is often bought and sold more than once. Can debt buyer sue if I owe debt? Yeah. If your creditor sells your debt to a debt buyer, the debt buyer can sue you for debt collection. This practice is legal. If a creditor or debt buyer files a lawsuit against me, do I need a lawyer? Ideally, each defendant in a debt collection lawsuit should be represented by an atto ey. But in reality, most low-income people who have been sued for debt will not be able to get free legal representation. And hiring a private atto ey can cost almost the same amount, if not more, than the debt itself. Unfortunately, most low-income people have no choice but to represent themselves in court. You should not ignore a debt collection lawsuit even if you cannot get an atto ey. Every day hundreds of low-income people defend themselves in debt collection cases, and many of them are successful. Fortunately, a debt collection case is easy and straightforward compared to other types of legal problems. Debt collection atto eys are often confident that unrepresented defendants are unaware of their rights. Educate yourself about your case and defend yourself! Read the information on these pages to familiarize yourself with the court process and the issues you will face like a pro se defendant (“pro se” means “without a lawyer”). If possible, check with the NYC Financial Justice Lineor with another atto ey for individual counseling on your defenses. Our experience has taught us that a little information goes a long way. What is a plaintiff? A plaintiff is a person, or company, who files the lawsuit. If a creditor or debt buyer sues you, you are the plaintiff. What is a defendant (or defendant)? A defendant (also known as a defendant) is the person or persons who are sued by the plaintiff. If the creditor or debt buyer files a lawsuit against you, you are the defendant. What is a subpoena? A summons (“summons”) is the official notification that you have been sued. It tells you how and where to appear to defend your case. What is a complaint? A "complaint" explains why you are being sued. It contains the legal facts and allegations that form the basis of the claim. In many debt collection cases, the complaint is very short and provides little information. What is an answer? An answer (“answer,” in English) is the official written response to the complaint. In your answer, you should write down all the defenses you want to make in the case. What is a counterclaim? A counter-claim is an allegation that you have against the plaintiff. It may be that the plaintiff owes you money or that the plaintiff has violated your rights or caused you other harm for which you want to recover money damages. You always have the right to file a counterclaim against the plaintiff with your answer. What do I do if I receive a summons and a complaint?DO NOT IGNORE IT. You should always respond to a subpoena and complaint. The way to answer correctly is to go to the courthouse at the address listed on the summons and tell the clerk that you want to file your answer. The court clerk will give you an answer form and can help you complete it. Is there a time limit to submit a response? Yes. If you were notified of the summons and complaint in person, you must file your response withi 20 DAYS. “In-person” means that a process server came to your home or work and served you the papers in person. If you were notified of the summons and complaint in any other way, you have 30 DAYS to file your response