Plaintiff vs Defendant: Key Differences in Debt Lawsuits

In a civil case, a plaintiff is the party that brings legal action. The defendant is the party targeted by that legal action.

Understanding these roles matters when you face a debt collection lawsuit.

In a debt lawsuit:

• Plaintiff = the person or company suing someone else for debt
• Defendant = the person or company being sued for a debt

What Makes a Plaintiff Different From a Defendant?

The plaintiff starts the lawsuit. The defendant must defend themselves in court.

The plaintiff files the complaint and claims you owe money. The defendant responds to those claims and protects their rights.

The plaintiff bears the initial burden of proof. The defendant can challenge their evidence and assertions.

The plaintiff seeks a judgment or monetary award. The defendant works to avoid liability or reduce the amount owed.

Who Is the Plaintiff in a Debt Collection Case?

The plaintiff files the case in court. In debt collection lawsuits, the plaintiff is usually a creditor or collection agency.

Here’s a common example: You sign up for a credit card with American Express. You start using the card for most purchases. You lose your job and fall behind on payments.

After several missed payments, American Express charges off your account. They sell the debt to Midland Funding LLC, a collection agency.

Midland keeps contacting you about the debt. You cannot pay due to financial hardship. Eventually, Midland files a lawsuit against you to collect the debt.

In this scenario, Midland Funding LLC is the plaintiff. You are the defendant.

The term plaintiff relates to the word complain. Midland is filing a complaint against you in court.

Is Plaintiff the Same as Complainant?

Criminal cases often use the term complainant instead of plaintiff. Civil cases like debt collection use plaintiff.

You won’t hear complainant in a debt lawsuit. The company suing you is the plaintiff.

Who Is the Defendant in a Debt Case?

The defendant is the person being sued in a civil lawsuit. In criminal cases, the defendant must defend against criminal charges.

If a debt collector sues you, you become the defendant. You must defend yourself against their allegations.

The word defendant derives from defense. You defend yourself against the plaintiff’s complaint.

The law allows you to challenge the plaintiff’s claims. You can dispute the debt amount, ownership, or validity.

How Burden of Proof Works in Debt Collection Lawsuits

Burden of proof describes who must prove their claim is true. When Midland sues you, they must prove you owe the debt.

Civil cases require a lower standard than criminal cases. The plaintiff doesn’t need to prove beyond reasonable doubt.

They only need to convince the judge there’s more than 50% chance their claim is true. The stronger their evidence, the better their case.

Criminal cases require proof beyond reasonable doubt. Debt collection cases use the preponderance of evidence standard.

How the Burden Shifts Between Plaintiff and Defendant

The burden of proof can shift during a debt lawsuit. Understanding this helps you defend your case effectively.

When Midland files the lawsuit, you receive a Summons and Complaint. The Summons informs you of the lawsuit. The Complaint lists each specific claim against you.

You must respond to each claim with one of these answers:

• Admit (acknowledging the claim is true)
• Deny (requiring them to prove it)
• Deny due to lack of knowledge (stating you don’t know)

Most attorneys recommend denying everything in the Complaint. Denying shifts the burden back to the plaintiff.

If you deny everything in your Answer, Midland must prove you owe the debt. They cannot take further action until they provide proof.

Many collection agencies give up at this point. They often lack proper documentation to prove the debt transferred to them legally.

You might discover Midland is claiming an incorrect amount. Collection agencies sometimes lack resources to prove debt validity thoroughly.

Since the burden is on the plaintiff, keep your Answer simple. Respond to each paragraph in the Complaint without elaborating your story.

Wait to hear back from Midland. Many debt collectors would rather dismiss the case than pay ongoing court costs.

If Midland proves you owe the debt but you still dispute it, the burden shifts back to you. For example, if you claim you already paid the debt, you must provide proof.

A judge might have the final word on the lawsuit. Sometimes judges recommend mediation or arbitration to resolve the issue outside court.

Always Verify Your Debt Before Paying Anything

By the time a lawsuit is filed, the debt might have changed hands several times. Each transfer increases the chances of errors and discrepancies.

For example, if you originally owed $10,000, a collection agency might mistakenly add an extra zero. Now they claim you owe $100,000.

Such cases happen frequently. Consumers end up paying debt they don’t actually owe.

You should always request verification of the debt before making payments. Requesting validation also buys you time to plan your defense strategy.

Send a Debt Validation Letter to the collector. Our partner Solo can help you request proper documentation and respond to the lawsuit.

Debt validation requires the collector to prove they own the debt. They must provide documentation showing the debt amount is accurate.

Never Ignore a Debt Collection Summons

Whether or not you owe the debt, always respond to a Summons. Ignoring the Summons doesn’t make the lawsuit disappear.

Ignoring allows the plaintiff to request a default judgment against you. A default judgment gives the plaintiff legal authority to collect the debt through other means.

The plaintiff can seek a wage garnishment order. Your employer would deduct a portion of your wages and send it directly to the plaintiff.

They could also freeze your bank account or place a lien on your property. Default judgments have serious financial consequences.

Responding protects your rights and gives you a fighting chance. You can challenge their claims and potentially get the case dismissed.

Our partner Solo makes it easy to respond to debt collection lawsuits. You can draft an Answer in minutes and get it filed properly.

Understanding Your Rights as a Defendant

You have rights when facing a debt collection lawsuit. Knowing these rights empowers you to defend yourself effectively.

You can demand proof that you owe the debt. You can challenge the amount they claim you owe.

You can raise affirmative defenses like statute of limitations. You can question whether the collector has legal standing to sue.

You can negotiate a settlement for less than the full amount. You can request payment plans if you do owe the debt.

You have the right to representation by an attorney. You can also represent yourself if you choose.

The law protects you from harassment and unfair collection practices. Collectors must follow rules outlined in the Fair Debt Collection Practices Act.

Taking action protects your finances and your future. Don’t let fear or confusion prevent you from defending your rights.