How Do I Know if I’m Being Sued?

  • The law says that the creditor must give you a notice of the lawsuit called a “summons.” This summons comes with other court paperwork which tells you who is suing you, why, and for how much money.

  • If you are being sued in small claims court, then the summons and paperwork telling you who is suing, why, and for how much money may all be one page. It may also have a court date and time for you to come to court.

  • If you’re being sued in regular court, you must write paperwork in reply to the lawsuit in 20 days or less from when you get the summons and other paperwork.

  • Whether you are being sued in small claims court or in regular court, the summons may be delivered to you in one of three ways:

    1) By mail, with your signature or the signature of someone who lives with you
    OR


    2) By a sheriff’s deputy giving you the paperwork in person. 

    Or

    3) By a sheriff’s deputy leaving a copy of the paperwork and summons at your door and mailing a copy by regular mail to you.

    IMPORTANT TIP: If you think you might be sued soon or have already been sued you can look online at mycase.in.gov and search under your name. You can also see what is going on in your lawsuit this way.

What to Do If You’re Sued in Small Claims Court by a Bill Collector:

  • Look for a paper called a Summons – this tells you someone is suing you.

    It will say:

    • Who is suing you (they are called the Plaintiff).

    • Your name (you are the Defendant).

    • If the Plaintiff has a lawyer.

    • Why and for how much you are being sued

    • Where and when your court hearing is.

    • Your case number.

    • Instructions on what to do next.

    • In most counties small claims court is in person.

    • In some counties, such as Monroe County, these hearings are online. If the hearing is online, there will be instructions on how to do the hearing online. The judges send out an Order which will tell you how to join with your phone or computer.

  • Look at the case number:

    • If it says “SC”, it’s a Small Claims Court case.

    • If it says “CC”, it’s a regular court case. Read the article on being sued in regular court on this website.

    • Check the Summons for your court date.

    • Go to the hearing. If you don’t, the court can say you lost just because you didn’t show up. This is called a default judgment, and it means the Plaintiff wins.

    • If the person suing you doesn’t show up, the case may be dismissed, but they can file it again once

    • If you’ve been sued in Small Claims court,  you should still consult a lawyer if you can for advice specific to your case. You might find help by going to indianafreelegalhelp.org.

    • Even though Small Claims is designed to be easier if you’re not a lawyer, anyone suing you can request up to $10,000.

    Hint: You can follow your case at mycase.in.gov.

  • If you don’t agree you owe the money, be ready to tell your side at the hearing.

    If you do agree, you can:

    • Offer a payment plan.

    • Tell the judge why you haven’t been able to pay.

    • Be honest and realistic. If the judge agrees to a payment plan, it becomes a court order.

    • Many courts have lots of hearings at once. A lawyer for the Plaintiff may ask to talk to you before seeing the judge.

    • Don’t assume someone with a suit and papers is the judge. Judges will swear you in by asking you to raise your right hand and asking you to promise to tell the truth.

  • Start preparing at least 30 days before the hearing.

    The Plaintiff goes first, then you get to speak.

    A. Plan What to Say

    • Write down the facts of your side of the story.

    • Think about what questions you might be asked.

    B. Bring Evidence

    • Gather papers or things that help prove your case (like bills, photos, or messages).

    • Group similar things together.

    • Cross out private info like Social Security Numbers.

      • Bring the original paper and two copies (one for the judge, one for the other side).

    • Ask any witnesses to come to court with you to testify. Since it’s small claims, you can also ask your witness to write out a statement. But you can’t have a witness write a statement for regular court. In regular court your witness must come so that the other side can ask them questions as well.

    C. Dress Neatly

    • Dress as well as you can. It shows the judge you take the hearing seriously.

  • The judge might:

    • Tell you their decision right away.

    • Or say they’ll decide later and mail you the order.

    If the judge says you must pay or do something, you must follow the order.

  • Visit:

    - Indiana Legal Help (https://indianalegalhelp.org)

    - Free Legal Answers - Indiana (https://indiana.freelegalanswers.org)

    Keep track of your case by going to mycase.in.gov

What to Do If a Bill Collector Sues You in Regular Court:

  • A. Why Regular Court Is Harder

    • If a bill collector sues you in regular court, the rules are harder.

    • Small claims court is made for people without lawyers.

    • Regular court is harder to understand and follow.

    • Some bill collectors use regular court even if the bill is less than $10,000.

    • They do this because they know it's harder for people who don’t have a lawyer.

    • That can make it easier for them to win and collect the money.

    B. Get Legal Help

    • Try to get help from a lawyer.

    • If you can’t afford one, visit: indianalegalhelp.org

    • The best time to get help is before you are sued.

    • If you are already sued, get help as soon as you can.

    C. Think About Bankruptcy

    • Losing a lawsuit can hurt your credit like a bankruptcy would.

    • If you lose, the bill collector may:

    • Take money from your paycheck (garnish wages)

    • Freeze your bank account

    • Take other actions that cause money problems for years

    • Bankruptcy might stop that.

    • Look for a bankruptcy lawyer who offers a free first meeting.

    D. This Guide Is Just a Start

    • This guide gives you basic steps.

    • It is not legal advice.

    • Try to talk to a lawyer to make the best choices for your case. Find help at www.indianalegalhelp.org.

  • A Summons is a paper that tells you someone is suing you.

    Look for these things on it:

    • Who is suing you (called the Plaintiff)

    • Your name (you are the Defendant)

    • Your case number

    • If the case number has “CC” in it, it’s a regular court case.

      • Example: 53D01 2509 CC 1451

      • Example: 60D08 2504 CC 1671

  • This tells you:

    • Why you are being sued

    • How much money the bill collector says you owe

    • It may be a credit card debt or other money you borrowed.

    • It could also be from a debt buyer—a company that bought your debt.

  • The law says the creditor must show proof you owe the money.

    They may include:

    • A contract you signed

    • A credit card bill

    • Terms of use

    • Sworn statements from their employees

    • Other documents

  • In regular court, you don’t go to a hearing right away.

    First, you must file a paper called an Answer.

    • It says if you agree or disagree with the Complaint.

    You must file the Answer within 20 days from when you got the papers.

    • These are calendar days, not business days.

    If you need more time, ask the Court for a 30-day extension.

    • File this request before the 20 days are over.

    • Tell the Court you need time to talk to a lawyer.

    Always say in writing that you sent a copy to the creditor’s lawyer.

    • Say when you sent it.

    • If you don’t, the judge may ignore your request.

    Even if you know you owe the debt, still ask for the extra time.

  • Many people fall behind because of:

    • Job loss

    • Illness

    • COVID-19

    • Other hard times

    Sadly, these are not legal defenses.

    Good defenses might include:

    • The person suing doesn’t own the debt

    • The time limit to sue (statute of limitations) has passed

    • You already paid the debt

    There may be other good reasons, but they are hard to list here.

    A lawyer can help you understand your defenses.

  • If you don’t file an Answer:

    • The creditor may ask for a Default Judgment

    • This means the court says you owe the money because you didn’t answer

    Even if you do file an Answer:

    • The creditor may file a Motion for Summary Judgment

    • This means they want the judge to rule without a trial

    These motions are hard to fight without a lawyer

    If you disagree with what the creditor says:

    • Write a letter to the Court

    • Say what you disagree with

    • Ask for a hearing

    • Attach any proof you have

    Always file your response before the deadline

    Send a copy of what you send to the Court to the creditor’s lawyer

    • Go to court.

    • If you don’t go, you will likely lose.

    • If you go, the judge will hear your side.

    • It is almost always better to be there and speak for yourself.