How can I find out if a lawsuit has been filed against me?

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How can I find out if a lawsuit has been filed against me?

I know a lawsuit has been filed against me from a credit card debt. I only know this because I got a mailbox full of letters from bankruptcy attorneys. I do not live at the address the creditor has anymore. What other way is used to notify someone they are being sued?

Asked on August 25, 2010 under Bankruptcy Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should have been served with the summons and complaint.  The complaint is the lawsuit.  You should have been served by a private process server or the marshal or by certified mail return receipt.  Since you were not served with the summons and complaint, you can challenge the lawsuit in court for failure to serve. 

If a lawsuit has been filed and if it was filed in a court in the area where you reside, you can go to the court and look in the plaintiff/defendant index in the court's computer.  Look for your name under defendants and if the lawsuit was filed in that court, it will be in the computer.  Once you have the case name and case number, you can look at the court file by giving the case name and case number to the court clerk.  You can request that the file be photocopied at the court.  You won't be able to take the original as that stays with the court.  If you don't see your name under defendants in the plaintiff/defendant index, the case may have been filed in another court. 


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