Why is Chewy being sued
How to Find Out If You're Being Sued
How to Find Out If You're Being Sued
Chloe Meltzer | April 11, 2024
Legal ExpertChloe Meltzer, MA
Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Masters in Marketing from California Polytechnic State University-San Luis Obispo.
Edited by Hannah Locklear
Editor at SoloSuitHannah Locklear, BA
Hannah Locklear is SoloSuits Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Fact-checked by George Simons, JD/MBA
Co-Founder of SoloSuitGeorge Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.
Summary: If you think you're being sued, but you never received a court Summons and Complaint, you can search for cases online by your name. You can also call the court clerk and have them search for cases involving you. If you are being sued by a debt collector, SoloSuit can help you make your own response in just 15 minutes.
Who is suing me?
This might be a question you end up asking yourself, like millions of other Americans each year. When a lawsuit is filed against you, you should receive a Summons and Complaint (usually in the mail). These are court documents that notify you of the lawsuit and outline how much you supposedly owe. Despite this, you might be sued without ever knowing.
Whether someone handed the Summons to a person in your home, or it was mailed to you at the wrong address, the debt collector or creditor may not have served you properly. If you believe that a lawsuit may have been placed against you without your knowledge, there are steps you can take to find out.
In this article, we discuss how to find out if a lawsuit has been filed against you and how to find out who is suing you. Let's get started.
Sued for debt? Settle your debt before going to court.
If someone sues you, how are you notified?
If you have been sued, you are notified when you receive court documents, known as the Summons and Complaint, by mail or personal delivery by a sheriff or process server.
Improper service is not uncommon. You may never receive a proper notice that youve been sued, and this could happen for several reasons: court documents were sent to the wrong address, the notice got lost in the mail, etc. Regardless, sometimes you have to take a proactive approach to finding out if youve been sued.
Keep reading to learn ways you can find out if youre being sued.
Look up your case online if you think you are being sued
If you think you are being sued, you can look up your case information online in most states by searching your full name. Most states have a statewide court case search tool that can help you find all the information regarding your case, including who is suing you, the documents that have been filed into the case, any scheduled hearings or trials, and the deadline for you to respond to the lawsuit.
The table below has court case lookup tools for almost all 50 states. If there is no lookup tool for your state, try searching for your county's courthouse website (many courthouse websites have a case lookup tool).
So, if youre wondering how to find out if a lawsuit has been filed against you online, use the following table:
Visit the court clerk
If you can't find your case online, you can pay a visit to your court clerk to do some investigating at the courthouse. This should be the court in your county of residence where the court clerk can conduct a record search for any pending lawsuits or judgments.
At the courthouse, explain your situation to the clerk and have them search your name in the court records. If there is a case filed against you, the court clerk can give you the following information:
- Name of the plaintiff (also known as the person or company suing you)
- Court case number
- Amount you owe
- Interest that's been added to the bill
- Future hearings or trials you must attend to fight the case
The clerk should also be able to explain whether or not the judge has ordered a default judgment against you, which would give the person or company suing you the right to garnish your wages or put a lien against your property.
What if I was never served a Summons?
It is not uncommon for debt collectors to sue someone for a debt and never actually serve them the Summons and Complaint. There are many reasons why this might happen.
For example, the Summons could have been sent to the wrong address or an old address. It may have been lost in the mail, or perhaps the process gave it to someone else unknowingly. They may have even handed the Summons to one of your family members who forgot to give it to you.
Regardless of the reason, improper service of a Summons can cause major issues for the person being sued, especially considering they must respond within a deadline in order to fight back against the case.
Each state has specific laws on how to properly serve a Summons and Complaint. While each state has unique rules, there are some general rules that apply to most states:
- The Summons must be served within a set number of days from the time it was filed with the court.
- The Summons must be served to an individual other than an infant or an incompetent person.
- The Summons must be served to the individual being sued personally or left at their house with some of suitable discretion.
- The Summons must be served by someone who is 18 years or older.
To learn more about service laws in your state, check out this 50-State Chart on Standard Service of Process.
If you are being sued, but you were never properly notified about the lawsuit, you can use this as a defense in your case.
Respond to a debt collection lawsuit in 15 minutes with SoloSuit.
Use improper service as an affirmative defense if you have a lawsuit pending
If a lawsuit has been filed against you but there has not been a default judgment issued, you are in luck. You will need to move quickly to respond to the lawsuit, because you only have up to 35 days to respond, depending on where you live.
The first step to responding to a debt lawsuit is to draft and file a written Answer. Your Answer should focus on responding to the claims listed in the Complaint document and asserting your affirmative defense.
You can admit, deny, or deny due to lack of knowledge when you respond to each claim. Denying will give you the strongest case, as it forces the opposing party to prove their claims.
As for your affirmative defenses, these are reasons that the other side's case is invalid and they shouldn't win. There are several defenses you can include in your Answer to present a strong case, including improper service. Below is a list of common affirmative defenses to use in a debt collection lawsuit:
- Improper service of the summons: Stating that the summons was not delivered nor received by you.
- Identify theft: If you believe someone generated the debt while pretending to be you.
- Expiration of the statute of limitations: Debts are considered time-barred when the statute of limitations has expired. The period depends on the state you live in but typically ranges from three to five years. When the statute expires, it means that you can no longer be sued for the debt at its expiration.
- Lack of standing: There is no legal explanation or proof that you owe the debt.
- Debt has been satisfied: If you believe that you have already paid the debt, then you should not be able to be sued for it again.
- The amount is incorrect: If you believe that the debt amount is incorrect, then you can ask for proof of the correct amount.
- Missing Paperwork: If the debt collector does not have the chain of custody, then they cannot prove that they own the debt and that you owe it.
Make the right affirmative defense the right way with SoloSuit.
Learn more about how to respond to a debt collection lawsuit in this video:
If you have received a default judgment
If the court clerk informs you that there is a default judgment against you already, then you need to act. If you were never actually served, then you will need to file a Motion to Set Aside default judgment. In the motion, you should explain that you did not respond to the lawsuit in time because you were never properly served and notified of the case.
If the court grants your Motion to Set Aside judgment, you are given the opportunity to respond to the lawsuit again. You should respond by filing a written Answer to the Summons and Complaint, as discussed above.
If you discover that a default judgment has been placed against you and the judge is unwilling to throw it out, then you need to re-evaluate your situation. If you can, attempt to negotiate a settlement with the creditor or debt collector. This may allow you to settle the debt for less than you originally owed. Most judges will grant a Motion to Set Aside judgment, especially if they know you were never notified of the lawsuit.
Avoid a default judgment by filing an Answer with SoloSuit.
What is SoloSuit?
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" James
Get StartedWe have answers.Join our community of over 40,000 people.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
How to Answer a Summons for debt collection in all 50 states
Here's a list of guides on how to respond to a debt collection lawsuit in each state:
The Ultimate 50 State Guide
Guides on how to resolve debt with every debt collector
Are you being sued by a debt collector? Were making guides on how to resolve debt with each one.
- 11 Charter Communications
- AAA Collections
- Aargon Agency Inc
- Absolute Resolutions Investments LLC
- ACEI Collections
- Account Services
- Accredited Collection Services
- Accredited Collection Services
- Advanced Recovery Systems
- AES NCT
- AFNI Collections
- Alco Capital Group LLC
- Aldous and Associates
- Alliance Collections
- Alliance One
- Alliant Capital Management
- Alpha Recovery Corp
- Alltran Financial
- Alltran Health
- Alorica Inc.
- Amcol Clmbia in Court
- American Coradius International
- American Profit Recovery
- American Recovery Service
- Americollect
- AmSher Collection Services
- Apelles LLC
- AR Resources
- ARC Collections
- ARM Solutions
- Arrow Financial Services
- ARS National Services
- ARSC Debt Collectors
- ARS National Services
- ARstrat
- AscensionPoint Recovery Services
- Asset Acceptance LLC
- Asset Recovery Solutions
- Associated Credit Services
- Atlantic Credit and Finance
- Atradius Collections
- Automated Collection Services, Inc.
- Autovest LLC
- Avante USA
- Avantus
- AWA Collections
- Balekian Hayes
- Bay Area Receivables
- BCA Financial Services
- BC Services
- Benuck and Rainey
- Berlin-Wheeler
- Bluebonnet Financial LLC
- Bonneville Collections
- Bull City Financial
- Bureaus Investment Group
- Cach LLC
- Caine and Weiner
- Capio Partners
- Capital Accounts
- Capital Collections
- Capital Management Services
- CardWorks
- Carmel Financial/New Coast Direct
- Cavalry SPV I LLC
- CBCInnovis
- CBCS Collections
- CBE Group
- CBV Collections
- CCB Credit Services
- CCS Collections
- CCS Offices
- Central Mediation Services
- Central Portfolio Control
- Cerastes LLC
- Choice Recovery
- Choice Recovery Inc
- CKS Financial
- CKMS Financial
- Client Services
- CMRE Financial Services
- COAF
- Coast Professional
- Comenity Bank Debt Collection
- Commonwealth Financial
- ConServe Debt Collection
- Consumer Collection Management
- Contract Callers Inc
- Convergent Healthcare Recoveries
- Convergent Outsourcing
- Couch Conville & Blitt
- Covington Credit
- CRDT First
- Credco in Court
- Credence Resource Management
- Credit Bureau Systems
- Credit Control Corporation
- Credit Management Company
- Credit Management LP
- Credit Systems
- Credit Systems
- CSIEZPay
- CTC Debt Collector
- CVCS Debt Collection
- Cypress Financial Recoveries
- D&A Services
- Daniels, Norelli, Cecere & Tavel P.C.
- DCM Services
- Debt Recovery Solutions
- Delanor Kemper & Associates
- Department Stores National Bank
- Direct Recovery Associates
- Discover Collections
- Diversified Adjustment
- Diversified Consultants
- Diversified Recovery Bureau
- DNF Associates, LLC
- Dodeka LLC
- DRS Credit
- Dynamic Collectors
- Eagle Loan
- Eagle Accounts Group, Inc.
- Eastern Account System
- EduCap
- Ellington and Associates Collections
- Encore Capital Group
- Enerson Law
- Enerson Law LLC
- Enhanced Recovery Company
- EOS CCA
- ERC Collections
- ERSolutions
- Estate Information Services
- Equable Ascent Financial
- Everest Business Funding
- Executive Credit Management
- Faber and Brand
- Factual Data
- Falls Collection Service
- FBCS
- FCO Collections and Outsourcing
- FIA Card Services
- fin rec svc (Financial Recovery Services)
- First Federal Credit Credit Control
- First Financial Bank
- First Portfolio Ventures LLC
- First Progress
- FirstPoint Collection Resources
- Firstsource Advantage
- FMA Alliance
- FNB Omaha
- Forster & Garbus
- Franklin Collection Services
- Freedom Plus
- Freshview Solutions
- Frontline Asset
- Frost Arnett
- Fulton Friedman & Gullace LLP
- Galaxy International Purchasing, LLC
- GC Debt Collection
- GC Services
- General Revenue Corporation
- GLA Collections
- Glass Mountain Capital
- Glasser and Glasser
- Global Credit Collection Corp
- Global Trust Management
- GMAC Financing
- Golden 1 Credit Union
- Grant and Weber
- Grant Mercantile Agency
- Gulf Coast Collection Bureau
- Gurstel
- Halsted Financial Services
- Harris and Harris
- Harvard Collection
- Harvest Credit Management
- Helvey and Associates
- Hollis Cobb
- Holloway Moxley
- Hosto Buchan
- Howard Lee Schiff
- H&R Accounts
- HRRG
- Hudson & Keyse LLC?
- Hunter Warfield
- IC System
- Impact Receivables Management
- Innovative Recovery
- Integras Capital Recovery LLC
- Javitch Block
- JHPDE Finance 1 LLC
- JP Receivables Management Partners
- JPMCB card
- Kenneth Eisen and Associates
- KeyBank student loans
- Kinum
- Kirschenbaum, Phillips & Levy P.C.
- KLS Financial Services
- Kramer & Frank
- Lakeside Collection
- Lending Club
- Lincoln and Morgan Kabbage
- Linebarger Goggan Blair & Sampson LLP
- Lockhart Collection Agency
- LJ Ross Associates
- LTD Collections
- Malcolm S. Gerald and Associates
- Malen & Associates
- Mandarich Law Group
- Mannbracken
- Marcam Associates
- MARS Inc. Collections
- MBA Law
- MCA Management Company
- McCarthy, Burgess & Wolff
- Meade & Associates
- Medicredit
- Mercantile Adjustment Bureau
- Merchants Credit Association
- MGM Collections
- Michael J Adams PC
- Midland Funding LLC
- Mid-South Adjustment
- Monarch Recovery
- Monterey Financial
- Moss Law Firm
- Mountain Land Collections
- MRS Associates
- MRS BPO
- MSW Capital LLC
- Mullooly, Jeffrey, Rooney & Flynn
- Nathan and Nathan PC
- National Collegiate Trust
- National Credit Adjusters
- National Credit Care
- National Credit Systems
- National Enterprise Systems
- National Recovery Agency
- National Recovery Solutions
- Nationstar
- Nationwide Credit
- Nationwide Recovery Services
- Nationwide Recovery Systems
- NCEP LLC
- NCO Financial Systems Incorporated
- North American Recovery
- Northland Group
- Northstar Capital Acquisition
- Northstar Location Services
- NPAS
- NRC Collection Agency
- Oliver Adjustment Company
- Oliphant Financial, LLC
- Oportun
- P&B Capital Group
- PCB Collections Agency
- Palisades Collection LLC
- Pallida LLC
- Paragon Contracting Services
- Paragon Revenue Group
- Payday Loan Debt Collectors
- Pendrick Capital Partners
- Penn Credit
- Perdue Brandon
- Persolve LLC
- Phillips & Cohen Associates
- Phoenix Financial Services
- Pioneer Credit Recovery
- PMAB LLC
- PRA Group, Inc.
- Pressler, Felt & Warshaw LLP
- Prestige Services, Inc.
- Prince Parker and Associates
- ProCollect
- Professional Finance Company
- Progressive Management Systems
- Provest Law
- PYOD LLC
- Quaternary Collection Agency
- RAB Collection Agency
- Rash Curtis and Associates
- Radius Global SOL
- Radius Global Solutions
- Rawlings Company
- Razor Capital
- Real Time Resolutions
- Receivables Performance Management
- Regents and Associates
- Reliant Capital Solutions
- RentGrow
- Resurgent
- Resurgent Capital Services and LVNV Funding
- Revco Solutions
- Revenue Enterprises LLC
- Revenue Group
- RGS Financial, Inc.
- RMP LLC in Court
- RMP Services
- RS Clark and Associates
- RSIEH
- RSIEH
- RTR Financial Services
- Rubin & Rothman
- Salander Enterprises LLC
- Samara Portfolio Management
- SCA Collections
- Scott Parnell and Associates
- Second Round Collections
- Second Round Sub LLC
- Selip & Stylianou LLP
- Sequium Asset Solutions
- Sessoms and Rogers
- Sherman Acquisition
- Sherman Financial Group
- SIMM Associates
- Source Receivables Management
- Southern Management Systems
- Southwest Credit Group
- Spire Recovery Solutions
- SRS Company
- Stark Collection Agency
- State Collection Service
- Stenger and Stenger
- Stillman Law Office
- Summit Account Resolution
- Sunrise Credit Services
- Superlative RM Debt Collector
- Suttell and Hammer
- Synergetic Communication
- Synerprise Consulting
- The Law Office of Michael J Scott
- Trellis Company
- Troy Capital
- TRS Recovery Services
- TrueAccord
- Tulsa Teachers Credit Union
- UCB Collection
- UHG 1, LLC
- Unifin
- Unifin Debt Collector
- Unifund
- Universal Credit Services
- US Bank Collections
- USAA collections
- USCB America
- Valentine and Kebartas
- Valley Servicing
- Vance & Huffman LLC
- Van Ru Credit Corporation
- Velo Law Office
- Velocity Investments
- Viking Client Services
- Wakefield and Associates
- Waypoint Resource Group
- WCTCB
- Weinberg and Associates
- Weltman, Weinberg & Reis
- Westwood Funding
- Williams and Fudge
- Wilshire Consumer Credit
- Wolpoff & Abramson
- Worldwide Asset Purchasing
- www.AutomotiveCredit.com
- Zarzaur & Schwartz
- Zwicker & Associates
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