The volume is accelerating. Federal pro se plaintiff filings rose from 11.33% pre-AI to 16.94% post-AI, with AI-generated complaints climbing from near-zero in 2019 to over 18% of all pro se complaints by 2026. Employment and Fair Housing Act cases show the sharpest increases—up 49% and 69% respectively. Federal judges have begun flagging the surge as an "existential threat" to docket management. The specific mechanics of how courts will distinguish AI-generated from human-drafted filings, and what procedural consequences will attach, remain unsettled.
Lenders should expect this to become standard operational friction. Enforcement strategies now require early scrutiny of pro se filings for hallucinations and legal errors, prompt challenges to representation, and potentially expedited motion practice to dispose of deficient claims. Courts are mobilizing staff to recognize AI-generated materials. This is no longer a hypothetical risk—it is a present feature of the litigation landscape in 2026.