What is a Complaint in a Debt Collection Lawsuit?
Generally, a “Complaint” is a written legal document that is filed with a court to start a debt collection lawsuit. Some Complaints are short — a few pages. Some Complaints are very long, being hundreds of pages, including exhibits. The Complaint is always filed by the individual or company that “wants” something from the “target” of the lawsuit. The person or company filing the lawsuit is generally called the “plaintiff,” and the “target” is called the “defendant.”
Like any kind of lawsuit, a Complaint must be filed in debt collection lawsuits. And, following the rule just stated, in a debt collection lawsuit, the debt collection company is the plaintiff, and the person who allegedly owes the debt is the defendant.
If you have been served with a Complaint in a debt collection lawsuit, you may well be confused, particularly if you have no legal background and have never seen a Complaint. In this article, the Debt Collection Defense attorneys at Guardian Litigation Group briefly explain the typical features of a Complaint in a debt collection lawsuit. If you have been sued by a debt collection company, contact us. We can defend your rights.
The Caption
The “Caption” is the top one-third to one-half of the first page of the Complaint. To non-lawyers, the Caption is strange-looking and confusing. But, in many respects, the Caption is “easy” to understand. To begin, at the very top is typically the name of the court. Usually, the State and County are listed where your litigation has been filed. If you have been sued in Federal court, then a federal court will be listed.
Below this heading is typically the “split” portion of the caption. On the left are the parties. The debt collection company should be listed as the plaintiff, and you, the alleged debtor, should be listed as the defendant. The right half of the caption lists the case number, the court division/department, and, often, also lists the name of the judge who is assigned to handle the case. All this information is used by the court and the parties to help administer the case.
Title
Some Complaints are given the title of “Complaint.” That is all that is written under the Caption. However, some Complaints have a longer title like “Complaint At Law For Collection of A Debt Owing.”
Numbered paragraphs
Below the title are numbered paragraphs. In some places, each numbered paragraph contains one sentence. In other jurisdictions, the numbered paragraphs may contain several sentences.
Generally, the first several paragraphs identify the plaintiff and the defendant and indicate where they reside. So, the plaintiff might be a corporation whose purpose is debt collection, headquartered in New York.
Below those paragraphs are numbered paragraphs related to the debt. In these paragraphs, the “story” is told about how and when the debt was incurred, who incurred the debt, the failure of payment, efforts to collect, etc. Copies of debt agreements and payment records are generally attached. Often, the amount allegedly owed is set forth in one of these paragraphs. However, sometimes, the amount due is part of the Request for Relief.
Request for Relief
Finally, at the end, the plaintiff sets out its “Request for Relief.” This is where the plaintiff asked the court to hold the debtor responsible for the debt and to enter a judgment for the amount owed.
Additional counts
In most court locations, a Complaint must be broken into separate “Counts” if there are distinct legal theories that entitle the plaintiff to victory. For example, a statute might provide one basis for recovery while a contract provides a different, distinct basis for recovery. In such a Complaint, the two legal theories generally must be divided into two Counts.
Contact Experienced Debt Collection Defense Attorneys
For more information, contact the debtor’s rights and debt collection defense attorneys at Guardian Litigation Group, LLP. We are here to help if you are being sued for a debt you owe.
The information provided in this blog article is for informational purposes only and should not be construed as legal advice. It is not intended to create an attorney-client relationship.
