How to Find Out If You’re Being Sued: A Complete Guide

Millions of Americans face lawsuits each year. You should receive a Summons and Complaint by mail when someone sues you. These court documents notify you of the lawsuit and state how much you owe.

But you might never receive proper notice. Someone might hand the Summons to a family member who forgets to tell you. Court documents might go to an old or wrong address. The notice could get lost in the mail.

You can take action to find out if you’re being sued. Here’s exactly how to check for lawsuits against you.

How You Should Be Notified of a Lawsuit

Courts notify you through formal service of process. A sheriff or process server delivers the Summons and Complaint personally. Or you receive these documents by certified mail.

Improper service happens frequently. You may never know about the lawsuit until it’s too late. The deadline to respond passes. A default judgment gets entered against you.

You need to be proactive. Check for lawsuits before collectors win by default.

Search for Your Case Online

Most states offer online court case search tools. You can look up your case by entering your full name. These tools show you:

• Who is suing you
• All filed documents
• Scheduled hearings or trial dates
• Your deadline to respond
• The amount claimed

Some states don’t have statewide systems. Check your county courthouse website instead. Many counties maintain their own case lookup tools.

State-by-State Court Case Lookup Tools

Use these resources to search for cases in your state:

Visit the Court Clerk in Person

Can’t find your case online? Visit your county courthouse in person. The court clerk can search court records for pending lawsuits or judgments.

Explain your situation to the clerk. They can search by your name. If a case exists, the clerk provides:

• The plaintiff’s name (who’s suing you)
• Your court case number
• The amount you allegedly owe
• Added interest charges
• Scheduled hearing dates

The clerk can tell you if a default judgment exists. Default judgments allow creditors to garnish your wages or place liens on property.

What Happens When You’re Never Properly Served

Debt collectors sometimes sue without properly serving the Summons. Several reasons explain why improper service happens:

• Documents sent to wrong or outdated addresses
• Mail gets lost in delivery
• Process servers give papers to wrong people
• Family members forget to pass along documents

Improper service creates serious problems. You miss your deadline to respond. The collector wins by default without your knowledge.

Each state has specific service requirements. Most states follow these general rules:

• Service must occur within set timeframes after filing
• You must be personally served or papers left with responsible household members
• The server must be at least 18 years old
• Service to competent adults only (not minors or incapacitated persons)

Improper service gives you a strong defense. You can fight the lawsuit based on this violation.

Use Improper Service as Your Defense

Found a lawsuit but no default judgment yet? You’re in luck. You must act fast because response deadlines range from 14 to 35 days depending on your state.

Draft and file a written Answer to the Summons and Complaint. Your Answer should address each claim in the Complaint. You have three response options for each claim:

• Admit the claim is true
• Deny the claim
• Deny due to lack of knowledge

Denying claims forces collectors to prove their case. Our partner Solo can help you respond to debt collection lawsuits quickly and correctly.

Strong Affirmative Defenses Against Debt Collectors

Affirmative defenses explain why the collector’s lawsuit should fail. Include these powerful defenses in your Answer:

• Improper service: You never received the Summons properly
• Statute of limitations expired: The debt is too old to sue (typically 3-6 years)
• Identity theft: Someone fraudulently created the debt in your name
• Lack of standing: No proof you owe this debt
• Debt already paid: You satisfied this obligation already
• Incorrect amount: The claimed amount is wrong
• Missing documentation: No proof of debt ownership or chain of custody

Multiple defenses strengthen your case. Improper service combined with statute of limitations creates a powerful argument.

Fighting Back After a Default Judgment

Already have a default judgment against you? You can still fight back. File a Motion to Set Aside the default judgment immediately.

Your motion should explain you never received proper service. Courts regularly grant these motions when service was improper. Judges want fair proceedings for everyone.

If the court grants your motion, you get another chance. File your Answer within the new deadline. Include all your affirmative defenses.

What if the judge denies your motion? Consider negotiating a settlement. Many collectors accept less than the full amount. Settling stops wage garnishment and property liens.

Our partner Solo helps you negotiate settlements and respond to debt collection lawsuits. You can resolve your case without expensive attorneys.

Take Action Before Collectors Win

Don’t wait for collectors to garnish your wages. Search for lawsuits against you now. Check your state’s online case lookup tool weekly.

Found a lawsuit? Respond immediately. Every day counts toward your deadline. Improper service gives you a valid defense worth pursuing.

Default judgment already entered? File your Motion to Set Aside right away. Most judges give you a second chance when service was improper.

You have rights and options. Debt collectors count on you not responding. Prove them wrong by fighting back strategically and effectively.