Being served with a debt collection lawsuit can be overwhelming. Many consumers are unsure what to do after receiving court papers from a debt collector or debt buyer.
If you receive a summons and complaint, it is important to respond before the deadline listed in the documents. Failing to respond may result in a default judgment, which can give the creditor additional collection powers.
This guide explains the basic steps involved in answering a debt collection lawsuit.
Step 1: Carefully Read the Summons and Complaint
The lawsuit documents usually include two main parts:
Summons – Notifies you that a lawsuit has been filed and explains the deadline to respond.
Complaint – Contains the creditor’s allegations about the debt.
Review the complaint carefully. It may include statements about:
- the creditor’s identity
- the amount allegedly owed
- the original creditor
- the basis for the lawsuit
Understanding these claims is important before preparing your response.
Step 2: Determine Your Deadline to Respond
Most courts require a written response within a limited period after you are served with the lawsuit.
In many states, the deadline is typically between:
20 and 30 days
Missing this deadline can allow the creditor to request a default judgment.
Always confirm the deadline listed in your summons because the exact timeframe varies by state.
Step 3: Prepare an Answer to the Complaint
An answer is a written document filed with the court that responds to the allegations in the complaint.
The answer generally addresses each numbered allegation in the complaint.
Common responses include:
- Admit – acknowledging the statement is true
- Deny – disputing the statement
- Lack knowledge – stating you do not have enough information to admit or deny
The purpose of the answer is to inform the court that you are contesting the lawsuit.
Step 4: Raise Possible Defenses
In addition to responding to allegations, an answer may include affirmative defenses.
Affirmative defenses are legal arguments explaining why the creditor should not win the case.
Possible defenses in debt collection lawsuits may include:
- the creditor cannot prove ownership of the debt
- insufficient documentation
- incorrect debt amount
- expired statute of limitations
The availability of defenses depends on the facts of each case.
Step 5: File the Answer With the Court
After preparing the answer, it must be filed with the court before the response deadline.
Filing procedures vary by court but may involve:
- submitting the document in person
- filing electronically
- mailing the response to the court clerk
Some courts also require a filing fee, although fee waivers may be available in certain circumstances.
Step 6: Send a Copy to the Creditor or Their Attorney
After filing the answer with the court, you usually must provide a copy to the creditor or their attorney.
This step is commonly called service.
The rules for service vary by court but often allow service by mail.
The summons or court rules typically explain the required procedure.
Step 7: Prepare for the Next Stages of the Case
After an answer is filed, the case usually proceeds through additional steps such as:
- discovery
- settlement discussions
- motions
- court hearings
During discovery, both sides may request documents or information relevant to the case.
Debt buyers must often produce documentation proving their claims.
Why Responding to the Lawsuit Is Important
Responding to the lawsuit prevents the creditor from automatically winning through a default judgment.
Once a response is filed, the creditor may be required to prove several elements, including:
- ownership of the debt
- the correct amount of the balance
- documentation connecting the account to the defendant
- compliance with applicable statutes of limitation
If the creditor cannot provide sufficient proof, the case may be challenged.
What Happens If You Ignore the Lawsuit?
If you do not respond to the lawsuit, the creditor may request a default judgment from the court.
Once a judgment is entered, the creditor may attempt to collect through methods such as:
- wage garnishment
- bank account levies
- property liens
Responding to the lawsuit preserves your ability to challenge the claim.
Speak With a Consumer Rights Attorney
Debt collection lawsuits can involve complex legal issues involving documentation, ownership of the account, and statutes of limitation.
If you have been sued by a debt collector or debt buyer, a consumer rights attorney may be able to review your case and explain your options.
Taking action quickly can help protect your legal rights.
