Wrong Defendant Named in a Lawsuit? Here’s What You Can Do

Are you being sued for a debt that isn’t yours? You have rights.

Being sued for an outstanding debt is stressful. Being sued for a debt you don’t actually owe is even worse. Your mind races with questions. Did I forget a payment? Was my identity stolen? The anxiety builds until you realize the truth: the debt collector sued the wrong defendant.

Lawsuits filed against wrong defendants happen more often than you think. Many banks and credit card companies sell old debts to collection agencies for pennies on the dollar. Some debts get sold multiple times to different collectors.

Key information about the account holder gets lost in these transactions. The debt collector might sue “Jane K. Smith” when the actual debtor was “Jane H. Smith.” Simple mistakes lead to unnecessary lawsuits against innocent people.

If you’re mistakenly sued and don’t owe the debt, take action immediately. Ignoring the lawsuit won’t make it disappear.

Understanding Your Rights When You’re Named Incorrectly

You have legal protections when collectors target the wrong person. The Fair Debt Collection Practices Act prohibits debt collectors from using false or misleading statements. Suing the wrong defendant violates your rights.

You can defend yourself and get the case dismissed. Our partner Solo helps you respond to debt collection lawsuits and build a strong defense.

Step 1: Draft a Motion to Dismiss

A motion is a formal request submitted to the court. A Motion to Dismiss asks the judge to dismiss the debt collector’s lawsuit.

Your motion should clearly explain the situation. Provide evidence that proves you’re the wrong defendant. Include any documentation that supports your case.

If your Motion to Dismiss is granted, the case ends immediately. The court will close the file.

Understanding Dismissal Types

Lawsuits can be dismissed “with prejudice” or “without prejudice.” The distinction matters.

A dismissal with prejudice prevents the plaintiff from suing you again for the same debt. A dismissal without prejudice allows them to refile the lawsuit later.

Always request a dismissal with prejudice in your motion. You want permanent protection from future lawsuits.

Filing Your Motion Properly

After filing your Motion to Dismiss, follow these critical steps:

• Send a copy of your stamped forms to the plaintiff’s attorney immediately
• Locate the contact information in the Complaint you received
• Send copies using the method stated in your Notice of Motion
• Options include hand delivery, postal mail, or electronic filing
• Mail supporting documents on the same day you file with the court
• Keep one court-stamped copy for your personal records
• File your motion before the deadline stated in your summons

Our partner Solo helps you prepare the right response with the right defenses.

Step 2: Contact the Debt Collector Directly

Before filing your Motion to Dismiss, consider calling the debt collector. Speak with their legal counsel if possible.

Explain that you don’t owe the debt listed in the lawsuit. Tell them you’re not the correct defendant. Mention that you have a Motion to Dismiss ready to file.

The debt collector might agree to dismiss you from the case. If they do, request a formal written dismissal. Ask them to file it with the court and send you a copy.

Don’t Rely on Verbal Agreements

Never trust a verbal promise alone. Debt collectors must follow through with written documentation.

If they say they’ll dismiss you, get it in writing. Continue preparing your Motion to Dismiss until you see official court documents. Phone conversations don’t protect you legally.

Step 3: Attend Your Court Hearing

Always attend the formal court hearing after filing your motion. Your presence matters regardless of what the debt collector promised.

If the collector refused to dismiss you, explain to the judge that you’re the wrong defendant. Bring all relevant documents that prove your case.

Helpful evidence includes:

• Government-issued identification showing your full legal name
• Documentation proving you never had an account with the creditor
• Credit reports showing no record of the debt
• Any correspondence from the debt collector
• Proof that someone else with a similar name owes the debt

Judges take mistaken identity cases seriously. Present your evidence clearly and confidently.

Additional Defenses Against Wrong Defendant Lawsuits

Beyond filing a Motion to Dismiss, you have other legal options. You can include these defenses in your Answer to the lawsuit.

Demand Proof of the Debt

Debt collectors must prove you owe the money. Make them produce documentation linking you to the account. They often can’t provide adequate proof.

Request account statements, original creditor information, and proof of ownership. The burden of proof falls on them, not you.

Challenge the Statute of Limitations

Each state has time limits for filing debt collection lawsuits. If the debt is too old, collectors can’t sue you legally.

The statute of limitations varies by state and debt type. Research your state’s laws or consult with legal help.

Assert Identity Theft if Applicable

If someone stole your identity and created the debt, file a police report immediately. Send a copy to the debt collector and include it in your court filing.

Identity theft is a serious crime. Courts dismiss cases quickly when theft is proven. File an identity theft report with the Federal Trade Commission at IdentityTheft.gov.

What Happens After the Case Is Dismissed

Once the judge dismisses your case, the lawsuit ends. The debt collector can’t collect from you for that debt.

Request a dismissal order in writing from the court. Keep this document in your permanent records. You might need it if the collector contacts you again.

Check Your Credit Reports

The lawsuit might appear on your credit reports. Contact the credit bureaus to dispute any incorrect information.

Send copies of the dismissal order to Equifax, Experian, and TransUnion. Request removal of any references to the lawsuit or debt. The credit bureaus must investigate and correct errors.

Consider Taking Further Action

You might have grounds to sue the debt collector. Wrongful lawsuits can violate federal and state consumer protection laws.

Consult with a consumer protection attorney about your options. You may recover damages for the stress and inconvenience caused by the mistaken lawsuit.

Preventing Future Mistaken Identity Issues

Protect yourself from future wrong defendant scenarios. Take these proactive steps:

• Monitor your credit reports regularly through AnnualCreditReport.com
• Set up fraud alerts with the three major credit bureaus
• Keep detailed records of your financial accounts and debts
• Respond immediately to any collection notices you receive
• Verify debt legitimacy before making any payments
• Save all correspondence from creditors and collectors

Early detection helps you address errors before they escalate to lawsuits.

When You Should Seek Legal Help

Some situations require professional legal assistance. Consider hiring an attorney if:

• The debt amount is substantial
• The collector refuses to dismiss you despite clear evidence
• You’re facing multiple lawsuits from different collectors
• The case involves complex legal issues
• Your credit has been severely damaged
• You want to countersue for damages

Many consumer protection attorneys offer free consultations. Some work on contingency, meaning you don’t pay unless you win.

Don’t let debt collectors intimidate you into paying debts you don’t owe. Stand up for your rights.