What happens when you are sued?

What happens when you are sued?

Courtroom interior with judge's bench

If you fall behind on payments, the creditor might take legal action by filing a lawsuit. They may also sell your debt to a debt buyer. The debt buyer can then sue you for the unpaid amount.

If a lawsuit is filed, you will get official court papers called a Summons and a Complaint. These papers explain the lawsuit and how much the creditor or debt buyer says you owe.  The Summons will include your court date and how to attend court, in-person or by video conference.  You may need to file a form, like an Appearance, with the court. 

👉 Learn more about the Summons.

If you do not show up for your hearing or if the debt collector wins the case, the debt collector will get a judgment against you. A judgment allows the debt collector to take some of your property to repay the debt.  This includes: 

  • Taking up to 15% of your paycheck (but at least $675 of your weekly take-home pay is protected),
  • Freezing your bank account, and
  • Putting a lien on your home, if you own one.

If a judgment was entered against you after 1/1/2020, $1,000 of the money in your checking or savings accounts is automatically protected until the court hears the post-judgment citation.

Last revised by staff
March 11, 2025