If you’ve been sued by a debt buyer like Midland Funding, Portfolio Recovery, LVNV Funding, Cavalry SPV, or Jefferson Capital, the most important step you can take is this:
File an Answer before your deadline.
If you don’t, the court may enter a default judgment against you — even if the debt buyer has weak documentation.
This guide explains:
- What an Answer is
- How to draft one
- What defenses to include
- Where to file it
- What happens next
Step 1: Check Your Deadline
When you are served with a summons and complaint, you typically have:
- 20 days
- 21 days
- or 30 days
(depending on your state)
The deadline usually runs from the date you were served — not the date on the paperwork.
⚠️ Missing the deadline may result in default judgment.
Step 2: Understand What an “Answer” Is
An Answer is your written response to the lawsuit.
In it, you:
- Respond to each numbered allegation in the complaint
- Admit, deny, or state you lack knowledge
- Raise legal defenses (called “affirmative defenses”)
Filing an Answer prevents the plaintiff from winning automatically.
Step 3: Format Your Answer Properly
Most Answers include:
- Court caption (copied from the complaint)
- Case number
- Title (“Answer to Complaint”)
- Responses to each paragraph
- Affirmative defenses
- Signature
- Certificate of service
Sample Caption Example
IN THE COURT OF COMMON PLEAS
[COUNTY NAME], [STATE]
MIDLAND FUNDING LLC,
Plaintiff,
v. Case No: 2025-CV-1234
JOHN DOE,
Defendant.
Title below it:
ANSWER TO COMPLAINT
Step 4: Respond to Each Paragraph
The complaint will have numbered paragraphs.
You must respond to each one.
You typically have three options:
- Admit
- Deny
- Deny for lack of knowledge
If you are unsure, many defendants use:
“Defendant denies the allegations for lack of sufficient knowledge to admit.”
Example Response Section:
1. Defendant admits the allegations in Paragraph 1.
2. Defendant denies the allegations in Paragraph 2.
3. Defendant denies the allegations in Paragraph 3 for lack of sufficient knowledge to form a belief as to their truth.
⚠️ Do not ignore paragraphs. Each must be answered.
Step 5: Add Affirmative Defenses
After responding to allegations, include your defenses.
These are legal reasons the plaintiff should not win — even if some facts are true.
Here are common defenses in debt buyer lawsuits.
Example Affirmative Defenses Section
AFFIRMATIVE DEFENSES
1. Plaintiff lacks standing and has failed to prove ownership of the alleged debt.
2. Plaintiff has failed to state a claim upon which relief can be granted.
3. The claims are barred by the applicable statute of limitations.
4. Plaintiff has failed to provide sufficient documentation to prove the amount owed.
5. The Complaint fails to establish a valid chain of title.
You are not required to prove these at this stage — you are preserving them.
Common Defenses to Consider
Depending on your situation:
- Lack of standing (no proof they own the debt)
- Statute of limitations (debt too old)
- Improper service
- Incorrect balance
- Identity theft or mistaken identity
- Payment or settlement already made
- Bankruptcy discharge
- Failure to attach contract
Even if you are unsure, preserving defenses can be important.
Step 6: Include a Signature Block
At the end:
Respectfully submitted,
__________________________
John Doe
123 Main Street
City, State ZIP
Phone Number
Email (if required)
Step 7: Add a Certificate of Service
You must send a copy of your Answer to the plaintiff’s attorney.
Example:
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Answer was mailed to:
[Law Firm Name]
[Address]
[City, State ZIP]
on this ___ day of ______, 2025.
_____________________
John Doe
Step 8: File the Answer With the Court
You can usually:
- File in person at the clerk’s office
- File electronically (if allowed)
- Mail it (if permitted by court rules)
Ask the clerk if unsure.
Keep proof of filing.
Step 9: Send a Copy to the Plaintiff’s Attorney
Mail or serve a copy to the law firm listed on the complaint.
Failing to serve them properly can create problems later.
What Happens After You File an Answer?
Once you file:
- The plaintiff cannot get default judgment
- The case may move to pretrial or mediation
- The plaintiff may request documents
- You may negotiate settlement
- The case may proceed toward trial
Many debt buyer cases settle or are dismissed after an Answer is filed.
Example: Basic Template Answer (Simplified)
Here is a simple structural example:
IN THE COURT OF COMMON PLEAS
[COUNTY], [STATE]
PORTFOLIO RECOVERY ASSOCIATES, LLC,
Plaintiff,
v. Case No: 2025-CV-5678
JANE SMITH,
Defendant.
ANSWER TO COMPLAINT
1. Defendant denies the allegations in Paragraph 1.
2. Defendant denies the allegations in Paragraph 2.
3. Defendant denies the allegations in Paragraph 3 for lack of sufficient knowledge.
AFFIRMATIVE DEFENSES
1. Plaintiff lacks standing.
2. The claim is barred by the statute of limitations.
3. Plaintiff has failed to state a claim.
WHEREFORE, Defendant requests that the Complaint be dismissed with prejudice.
Respectfully submitted,
_____________________
Jane Smith
⚠️ This is a general example only. Court rules vary by state.
What Not to Do
- Do not ignore the lawsuit.
- Do not admit more than necessary.
- Do not call the collector and admit the debt.
- Do not agree to a payment plan before filing an Answer.
- Do not miss your deadline.
Do You Need a Lawyer?
You are allowed to represent yourself (pro se), but debt buyer cases can involve:
- Rules of evidence
- Discovery procedures
- Motion practice
- Statute of limitations analysis
- Counterclaims (FDCPA / FCRA)
Even a consultation may help you avoid mistakes.
The Bottom Line
Filing an Answer is the single most important step in defending a debt buyer lawsuit.
It:
- Stops default judgment
- Preserves your defenses
- Forces the debt buyer to prove its case
- Gives you leverage to negotiate
If you’ve been sued by Midland, Portfolio, LVNV, Cavalry, or Jefferson, do not ignore the case.
Respond before your deadline.
Need Help Responding to a Debt Buyer Lawsuit?
If you’ve been served with a debt buyer lawsuit, you may have options to:
- File a proper Answer
- Raise statute of limitations defenses
- Challenge documentation
- Negotiate settlement
- Explore counterclaims
Act quickly — deadlines matter.
