It may sound impossible, but people are sued every day for debts they don’t actually owe. Whether the error is due to identity theft, outdated records, mistaken identity, or an already-settled account, debt collectors and debt buyers sometimes file lawsuits with inaccurate or incomplete information. If you’ve received a court summons for a debt you don’t recognize, it’s critical to act fast. These lawsuits are real—and they can cause serious harm if not addressed.
Why You Might Be Sued by Mistake
When a debt goes unpaid, it is often sold or transferred to third-party debt buyers. These companies purchase massive volumes of old debts for pennies on the dollar, and then try to collect—sometimes using only spreadsheets or partial records. That means the debt they’re suing you over may not be yours, may have already been paid, or may not even be legally collectible anymore.
You might also be targeted because your name or address is similar to someone else’s. In other cases, you may be a victim of identity theft—someone else used your name, and now you’re stuck with the fallout. There are also situations where a person co-signed a loan years ago and didn’t realize it was defaulted, or the collector is chasing a balance that was discharged in bankruptcy or settled years prior.
Regardless of how it happened, one thing is clear: these lawsuits are often filed with minimal verification. Collectors sometimes file thousands of lawsuits at once, betting that people won’t fight back. And when the person being sued doesn’t respond, the collector can win by default—even if the case is entirely wrong.
What to Do If You’re Sued for a Debt That Isn’t Yours
The worst thing you can do is ignore the lawsuit. Once you’ve been served, the clock starts ticking. If you don’t respond or appear in court, the collector can ask the judge to enter a default judgment against you. That judgment can lead to garnished wages, frozen bank accounts, and garnished tax refunds.
Start by reading the summons and complaint carefully. Check the name of the original creditor, the amount being claimed, and the date of the alleged default. If you don’t recognize the account, or if the details don’t match your records, you may be facing a wrongful lawsuit.
Then, start gathering any documents that show the debt is inaccurate. Look for proof that the debt was paid, records of prior disputes, identity theft reports, or statements that confirm the account was never yours. You’ll need these records to defend yourself in court or to bring a counterclaim against the collector.
Most importantly, contact an attorney with experience in credit and debt litigation. At The Credit Attorney, we handle these cases regularly. If the collector violated your rights under the Fair Debt Collection Practices Act (FDCPA) or the other state debt collection laws, you may be able to get the case dismissed and even sue for damages. Suing someone for a debt they don’t owe isn’t just unfair—it may be illegal.
Your Rights and Reputation Deserve Protection
Being sued for a debt you don’t owe is one of the most frustrating things a person can go through. It can feel overwhelming, especially if the paperwork looks official and the collector is pressuring you to pay. But you don’t have to handle this alone. You have the right to demand proof. You have the right to defend yourself. And you may have the right to compensation for the time, stress, and credit damage caused by the lawsuit.
At The Credit Attorney, we help consumers across California fight back against wrongful debt lawsuits and credit reporting errors. If you’ve received a summons for a debt that doesn’t belong to you, don’t wait. Contact us today to schedule a free case review. We’re here to protect your rights—and your future.
