Sued by a debt buyer in West Virginia: what to do

Check that the case is real: look it up on the court's website or call the clerk at a number from the court's official site, not from the papers.

Why: Fake lawsuit threats are a common scam; a real case is on file with the court.

Read the complaint for the original creditor, the last digits of the account, the date the debt was sold and the amount, and compare them with your own records.

Why: These details show whether the debt is yours, whether the amount is right and how the plaintiff says it got the account.

If the deadline has passed or a judgment was entered, call the clerk today and see the default judgment plan.

Why: There is a short time limit to ask the court to set aside a default judgment.

If you don't recognize the account, get your free credit reports at AnnualCreditReport.com, and if the account isn't yours, report identity theft at IdentityTheft.gov.

Why: An identity theft report helps you show the court and the credit bureaus that the debt isn't yours.

File a written answer by the deadline. Deny what you can't confirm and list every defense that fits: not my debt, wrong amount, already paid, the plaintiff can't prove it owns the debt, or the time limit to sue has passed.

Why: Defenses you don't raise can be lost. Answering makes the plaintiff prove its claim.

Ask the plaintiff's lawyer in writing for the documents: the original contract or account terms, the statements, and the bill of sale or assignment showing the account was sold to the plaintiff.

Why: A debt buyer has to prove it owns your account and how much is owed. Many states set extra proof rules for debt buyers (below).

Compare the date of your last payment with your state's time limit to sue.

Why: A debt collector must not sue on a time-barred debt, but the court considers the time limit only if you raise it.

If the debt isn't yours, say so in your answer and keep a copy of your identity theft report to show the court.

Why: The plaintiff must prove the account belongs to you.

If you can't afford the filing fee for the answer, ask the clerk for a fee waiver form.

Why: Courts can waive fees for people with low income.

Go to every hearing and bring your documents. If the plaintiff hasn't shown proof that it owns the debt, you can point that out to the judge.

Why: When you respond, the plaintiff has to prove to the court that the debt is valid.

If you owe the debt, you can try to settle; see the settlement plan. Get any agreement in writing before you pay.

Why: A written agreement protects you if the debt buyer later says you didn't pay.

If the debt buyer sued on a debt too old to sue on, or in a court far from where you live or signed the contract, you can complain to the CFPB and your state attorney general and ask a consumer lawyer about the federal debt collection law.

Why: A debt collector must sue where you signed the contract or where you live, and must not sue on a time-barred debt. You can sue a collector that broke this law within 1 year.