These steps only apply to you if you are being sued:

• For a credit card debt, or
• By someone who you did not originally owe money to (a "debt buyer")

Because someone stole your identity.

If neither of these apply to you, please see How to respond if you've been sued by mistake.

There are special rules for identity theft claims in these cases. You must fill out two affidavits. Only one of the affidavits will be filed with the court. A copy of both affidavits must be mailed to the law firm that represents the party that is suing you. Fill out the following forms:

• Identity Theft Affidavit (do not file this with the court!)
• Identity Theft Affidavit (Credit card  and debt buyer cases)

You should file the Affidavit and send both Affidavits as soon as possible. You must file an Appearance before you can file the Affidavit. You can file this form together with your appearance if you have not filed one yet.

Give a copy of both Affidavits to the plaintiff (the party suing you), or to their lawyer, if the plaintiff has one. You can do this by:

• Hand delivery
• Mail
• Third-party commercial carrier, like FedEx or UPS
• E-filing
• Email, if the other party listed their email address on a court document

File the Identity theft affidavit - Credit card and debt buyer cases with the court where the case was filed. You do not need to file the Identity theft affidavit because it has your personal information and it should not be made public.

You must file your form electronically unless you have an e-filing exemption.

• E-filing: Usually you must file your forms and documents electronically. See E-Filing Basics for more information.
• Paper filing: If you are allowed to paper file because you have a sensitive case type or have an E-filing Exemption Certificate, take your completed forms to the circuit court clerk's office in the courthouse. See courthouse locations. The clerk will stamp your forms. This stamp is important because it's proof that you filed the form with the court. They will give you a copy for your records.

If you have a good reason that prevents you from e-filing, you can ask to file in person with paper. You must file a motion to request the court to let you do a paper filing, even if you do not have E-Filing Exemption Certificate.

Within 90 days of receiving your affidavit, the plaintiff must file their own affidavit showing that you were not a victim of identity theft. If they do not, the case will be dismissed.

If you were sued by mistake, it's a good idea to check your credit reports. Your reports may show other signs of identity theft that you can dispute. Click this link to learn how to get your credit report and credit score.

You can read more about steps to take if you are the victim of identity theft here.