The details of the case
The Complaint - especially if it is typed up on pleading paper - will go into detail about what you are being sued for, using specific legal termscalled Causes of Action. This is how the Plaintiff describes to the court why, by law, they believe they have the right to sue you. In court, they have to prove the Cause of Action is true.
These are the most commonCauses of Action used in debt lawsuits:
Breach of Contract
The complaint claims there was an agreement of some sort, and that you broke the agreement. A copy of the contract or the terms of the contract may be attached.
Open Book Account
This claims you had an account with the Plaintiff and you're being sued for the balance owed on the account.
Account Stated
This claims that the Plaintiff sent regular statements to you and that you never disputed the amount owed.
Your complaint may also list other Causes of Action.
Definitions of other terms used in the Complaint
The Complaint may also include attachments, like copies of account statements or other document that will help you understand what the Plaintiff is claiming.
Explore your options for what to do next
Do nothing
The Plaintiff will win the case and you'll have to pay the debt. This is called a default. The debt collector may be able to take the money from your wages or bank account.
Pay the debt to get the case dismissed
If you can pay off the debt now, you'll need to also ask the Plaintiff to dismisscase.
Try to negotiate a settlement
Sometimes the debt collector will agree to a payment plan or take less than the amount owed. Always get the agreement in writing. If you decide to negotiate, you may stillfile a response in court.
Respond and defend yourself in court
If you respond by filing papers in court, the Plaintiff will have to prove you owe the debt in a court case.
