What to do about an active civil lawsuit filed against me?

Most debt collectors would prefer that you ignore the lawsuit so they can get a default judgment against you that will allow them to garnish wages, freeze bank accounts and place a lien on any real property you own--so don't let them do this! First, go to the court and pull the full summons, complaint and certificate of service and make copies. Examine these closely. Are there errors in the service? Did they serve it to the wrong address or to someone that could not have possibly received it (ie... the certificate of service says they served it on a 5 ft 2 inch white female with blond hair at 3:00 PM and there is no one at this address fitting that description...) Next, file an answer based on any defenses that you have. Once you have filed an answer, your case will be assigned to a judge and there will most likely be a hearing. Good luck,

Now that you know about it, get as much information as you can and respond. Get a lawyer who may be better able to fight this case.

Do not ignore this. Gather as much information regarding this matter as possible. Go to the Court where this lawsuit is filed and ask the clerk to let see the file. Make sure you have the index number readily available. Examine the complaint and the affidavit of service for accuracy. Do not let the creditor obtain a default judgment against you. If you really owe this debt, then I recommend hiring a lawyer to file an answer and perhaps negotiate the debt. You may contact my office if you need help with this matter.

I generally agree with Mr. Kim's post. However, you should be aware of a couple additional issues and some resources that may be available to you: 1. If you Answer the Complaint and do not raise the issue of "personal jurisdiction" (i.e. that you were not served) you waive that defense. It is important to preserve that defense by alleging that you were not served in your answer. 2. You have 60 days from the time you file your Answer (alleging that you were not served) to file a motion to dismiss on grounds that you were not served. If you do not file that motion within that 60 day window, you waive the defense. 3. If you go to the Courthouse, you can ask the Clerk for a pro se Answer form that will have various boxes to "check off" including one that refers to lack of personal jurisdiction/improper service. 3. If you cannot afford a lawyer, there is a fantastic free resource available to people in your situation: The CLARO (Civil Legal Assistance Resource Office) Program runs weekly free advice sessions in all five boroughts. The sessions are staffed by volunteer attorneys and supervised by attorneys with significant experience in collection defense matters. They help pro se litigants in your situation draft responsive and proper legal papers. There is no charge. To get more info and a schedule of upcoming sessions in each borough, go to www.claronyc.org If you are going to proceed on your own, without counsel, I STRONGLY recommend that you visit CLARO as soon as possible to get help with your Answer.