If you’ve been served with a credit card lawsuit, take a breath.
You are not alone — and you are not automatically going to lose.
Here’s what to do immediately.
Step 1: Do NOT Ignore It
If you ignore the lawsuit:
- The creditor can request a default judgment.
- They may garnish wages.
- They may freeze bank accounts.
- They may place liens on property.
Deadlines matter.
Step 2: Check the Deadline to File an Answer
Most states give you:
- 20–30 days to respond.
Look at the Summons. The clock starts when you’re served.
Step 3: File an Answer (Even If You Owe the Debt)
Filing an Answer:
- Prevents default judgment.
- Forces the creditor to prove their case.
- Creates leverage for settlement.
What to Write in an Answer (General Structure)
You don’t need to admit everything.
For each numbered paragraph in the complaint:
- Admit
- Deny
- Or state you lack sufficient knowledge
Many people respond with:
“Defendant denies the allegations for lack of sufficient information and demands strict proof thereof.”
You may also raise affirmative defenses, such as:
- Statute of limitations
- Lack of standing
- Failure to state a claim
- Payment
- Identity theft
Even a simple Answer is better than none.
Step 4: Demand Proof
If the plaintiff is a debt buyer (Midland, Portfolio, LVNV, Cavalry, Jefferson, etc.), they must prove:
- You opened the account
- The balance is correct
- They own the debt
- The chain of assignment is valid
Many cases fall apart here.
Bottom Line
Being sued does not mean you lose.
Respond.
Force proof.
Protect your rights.
