How to Answer a Lawsuit for Debt Collection (2024)

Chloe Meltzer | December 07, 2023

How to Answer a Lawsuit for Debt Collection (1)

Legal Expert
Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

How to Answer a Lawsuit for Debt Collection (2)

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

How to Answer a Lawsuit for Debt Collection (3)

Summary: Being sued for debt can be a scary situation. Find out how to answer a lawsuit for debt collection with SoloSuit.

If you have received any form of communication with a debt collector, you may feel overwhelmed and unsure where to turn. A lawsuit is the worst news you can get from any creditor. Yet, more than 70 million Americans are dealing with a debt collection lawsuit or have at one time.

Whether you have been served with a paper Summons to go to court or a debt collector is calling you, it is important to know how to answer a lawsuit for debt collection. If you know what to do after being served with a lawsuit, the entire process can go a lot more smoothly overall, and you have a better chance for a favorable outcome.

To win a debt lawsuit, you need to:

  • Respond fast
  • Fill the Answer document professionally
  • Know your possible affirmative defenses

Here's what to do for each step.

Respond quickly to avoid a default judgment

The most crucial part of answering a lawsuit for debt collection is to file your Answer in court on time. If you do not respond to the notice in a timely fashion, you run the risk of a default judgment.

Even if you know that you owe the debt but think you cannot pay it, you still need to answer. Suppose the collection agency obtains a default judgment against you. In that case, this provides them the opportunity to garnish your wages or even take money directly from your bank account.

If a default judgment occurs, a debt collector may also be able to force you to pay attorney's fees, the court costs, and added interest on your entire balance. These additional charges can either double or triple the cost of your original lawsuit.

Respond to a debt collection lawsuit in 15 minutes with SoloSuit.

Tips on how to respond to a debt collection lawsuit

In a debt lawsuit, the collection agency is called the plaintiff, and you are the defendant. Once the lawsuit is filed and put before the court, you will not be able to respond by phone or a letter. Instead, you need to file a written, legal Answer. Here are 6 tips for drafting an Answer that will help you win your case:

  1. You don't need to give a detailed answer: The Answer is a brief document. It isn't the place to tell your life story or give your entire defense. Be as straight to the point as you can be.
  2. Never admit debt liability: The complaints document comes with numbered paragraphs. Respond to every paragraph. You have three options: deny, admit, or deny for lack of knowledge. As a rule of thumb, lawyers advise you to deny, deny, deny. Let the plaintiff prove your responsibility for the debt.
  3. Include your affirmative defenses: These are reasons why you think the plaintiff is wrong to sue you. Assert your affirmative defenses for each paragraph. You don't make these up; there are options. For example, you don't owe the debt, you already paid part of it, the statute of limitations has expired, or you need the plaintiff to provide proof.
  4. Use standard formatting or "style: Court documents need to be formatted in a certain way. For instance, an answer will include the defendant's (your) name, physical and email address, name of the court, the identity of the plaintiff, case title, and case serial number. The spacing and page format should also follow an acceptable style for the answer to be considered professional. If you're having trouble, you can use SoloSuit's template.
  5. Include the certificate of service: A brief document containing the name of the court, the name of the plaintiff, and the date you're sending it. If the plaintiff has an attorney, you should serve the attorney and not the company.
  6. Make sure you sign the document: The document is null and void if you don't sign it. A signature means that you accept the document as true, or you have reason to believe that everything you filled in is accurate. You may print and sign manually or sign it electronically before you mail the letter.

Once you've completed these steps, make sure to file the official Answer with the clerk of court and send a copy to the plaintiff. You should make two copies of the answer, one to mail to the court and the other to the creditor suing you. Use certified mail so that you are notified when both parties receive their mail. For more information, watch this video.

File your Answer before the deadline

You must file the answer within the period. This period is always set by the lawsuit summons and is often anywhere from 14 to 30 days from the date of the notice. Don't miss the deadline, or it will lead to a default judgment. Essentially, missing the deadline is the same as not responding. Additionally, after a judgment is entered, you will no longer be able to dispute the debt from then on.

The answer you file may vary depending on your state of residence. SoloSuit has a guide for filing an answer by state.

File an Answer with SoloSuit and win in court.

Common defenses that work for debt collection lawsuits

Challenge the debt collector's right to sue

One of the best ways to respond to a debt lawsuit is to challenge the right to sue by the person that has filed the lawsuit. Although not as common with original creditors, typically, by the time debt gets into the hands of a debt collector, it will have been passed through many hands. There's a chance the original information regarding the debt will have been lost.

Use the state of events to your advantage. Make the company that has purchased the debt prove that they have accurate information regarding the debt and have the right to sue you. You can only get the opportunity to challenge the plaintiff if you respond to the lawsuit. Otherwise, the judge will automatically give you a default judgment. Even if there is no proof that you owe the debt, the judgment won't go to seek this information. The court will always see your silence as an acceptance of the debt.

Ask for documentation

If you ask for documentation in writing, or if you show up at the hearing and ask for documentation, the judge will most likely award your request.

The plaintiff (debt collector), when asked, must provide:

  • The original credit agreement you signed.
  • Documentation of the "chain of custody." The plaintiff should provide all of the paperwork that can show where your debt originated, where it came from, who it came from, and whether you owe it at all.

Push back on the burden of proof

The burden of proof is a legal requirement to prove the following:

  • That you are responsible for the debt
  • That the person suing you has the right to do so
  • That you owe a specific amount

When you are served with a debt lawsuit, you have the opportunity to push back on this burden of proof. Not only can you require proof of the amount you owe, but you can also continue to push for proof of how you owe it. Can they substantiate when and how the balance increased at different times? Whether fees increased the amount, and why is it accurate? If not, they probably don't have a strong case against you.

Use SoloSuit to make the right defense the right way.

Check the statute of limitations

The statutes of limitations are a law that governs how long creditors are legally allowed to bring a lawsuit to the court regarding debt. The statute of limitations is different in every state but often falls between four to six years. After the statute is over, your debt will then be time-barred. Although the creditor can pursue you for the debt, they cannot legally take you to court.

EXAMPLE: To illustrate, Paul, applied for a credit card in May 2002. In the beginning, he was on top of his repayments. However, Paul fell into hard times. He became seriously ill and eventually lost his job. The last time he made payments for his account was in October 2007. The creditor has sold his debt to a third-party debt collector who is aggressively pressuring him to pay. In this case, the debt collector cannot legally sue Paul for paying to pay. The debt has “expired.” Although they can still ask him to pay, they can't legally take him to court.

Know that the statute of limitations starts on the last day you were active on the account. So, the last time you used a credit card or drew funds from a loan account will restart the clock on the statute of limitations. Once a debt collection lawsuit has begun, you must avoid paying on the debt, as this, too, will reset the date.

You can file a countersuit

If the debt collector has overstepped your rights, as expressed in the Fair Debt Collection Practice Act (FDCPA), you can also sue them as you answer their lawsuit. Most consumer attorneys will take your case for free if they see the potential. If you win, the court can award you up to $1000 per violation and your attorney's fee. So, a debt collector who's violated the debt collection laws may pay much more than they are suing you for.

Whatever decision you decide to make about defending your debt, you must send an Answer to the debt lawsuit you have been served with. Your financial history continues to grow and develop your entire life. If you allow debt to get out of hand, this can impact your credit score and prevent you from making other financial moves in your life. Always respond to a debt lawsuit and look for a way to settle it as soon as possible.

Make a settlement offer

Finally, a great option for responding to a debt lawsuit is to reach out to the debt collector or creditor about negotiating a debt settlement.

If you're being sued by the original creditor, there is a great chance they will settle for 20%-70% of the debt. On the other hand, most debt collectors (or debt buyers) will settle for anywhere between 1%-6-% of the debt.

To learn about how to negotiate a settlement offer in 3 simple steps, check out the video below:

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the NPR story on SoloSuit

How to Answer a Lawsuit for Debt Collection (4)

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

How to Answer a Lawsuit for Debt Collection (5)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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And 50% of our customers' cases have been dismissed in the past.

"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather

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Not sued yet?
Use our Debt Validation Letter.

Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.

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How to Answer a Lawsuit for Debt Collection (2024)

FAQs

How do you draft an answer to a collection lawsuit? ›

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.

How do I defend myself in a debt lawsuit? ›

Defenses you can use in a debt lawsuit
  1. Defense: Running the statute of limitations. The plaintiff must file a lawsuit within a set amount of time. ...
  2. Breach of contract by Plaintiff. ...
  3. No breach by Defendant. ...
  4. Discharge by bankruptcy. ...
  5. Statute of frauds. ...
  6. Satisfaction. ...
  7. Cancelation of contract. ...
  8. Lack of Consideration.

Should I answer a debt collection lawsuit? ›

Whatever you do, don't ignore the lawsuit. Even if you don't think you owe that debt. Responding to a debt collector's lawsuit will likely put you in a better position, cost you less in fees, and give you more control over how you repay the debt.

How to respond to a lawsuit for credit card debt? ›

How To Answer a California Court Summons for Debt Collection
  1. Step 1: Get an Answer Form. ...
  2. Step 2: Fill Out the Answer Form. ...
  3. Step 3: Assert Your Affirmative Defenses & Request to the Court. ...
  4. Step 4: Deliver a Copy of Your Answer to the Plaintiff. ...
  5. Step 5: File Your Answer Form and Pay the Filing Fee (or Request a Fee Waiver)
Dec 16, 2023

What is the best thing to say when dispute a collection? ›

I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Please verify the debt as required by the Fair Debt Collection Practices Act. I am disputing this debt because I do not owe it. Because I am disputing this debt, you should not report it to the credit reporting agencies.

How to write an Answer to a lawsuit? ›

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

How to counter sue a debt collector? ›

Summary: If you're being sued by a debt collector, here are five ways you can fight back in court and win: 1) Respond to the lawsuit, 2) make the debt collector prove their case, 3) use the statute of limitations as a defense, 4) file a Motion to Compel Arbitration, and 5) negotiate a settlement offer.

What happens if a credit card company sues you and you can't pay? ›

You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.

Can a creditor sue you after a charge off? ›

Yes, you can be sued for a debt that has been charged off.

You may be sued, resulting in consequences such as a frozen bank account or wage garnishment. The court may issue a default judgment against you if you don't respond to a lawsuit.

What should you not say to debt collectors? ›

Protecting the Rights of Consumers For Over 25 Years
  • Don't Admit the Debt.
  • Don't provide bank account information or other personal information.
  • Document any agreements you reach with the debt collector.
May 29, 2024

What happens when a collection company sues you? ›

If you get a summons notifying you that a debt collector is suing you, don't ignore it. If you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself) and garnish your wages and bank account.

Should I accept a settlement offer from a debt collector? ›

It's generally a good idea to start with a lower offer than you're willing to pay. This will leave room for negotiations. If your creditor won't accept your settlement offer, ask about a payment plan. Consider payment plans that would work for you in case the creditor offers something different from what you propose.

How do I settle a debt lawsuit? ›

Ways you can settle a debt and dismiss your case
  1. If you settle your case by paying part or all of the debt. You may settle your case at any time prior to having the court make a decision (a judgment) by either: ...
  2. Have the Plaintiff dismiss the case. ...
  3. Settling after a judgment. ...
  4. If you agree to make payments over time.

How long before a debt becomes uncollectible? ›

4 years

Can you dispute a debt if it was sold to a collection agency? ›

Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.

How to write a response letter to a debt collector? ›

I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.

How should I respond to a debt collector? ›

Summary of What to Do When a Debt Collector Calls
  1. Don't give a collector any personal financial information.
  2. Don't make a "good faith" payment, promise to pay, or admit the debt is valid. ...
  3. Finally, even though debt collectors are often rude and pushy, don't lose your temper.

What are two ways your client should respond to a collector's lawsuit? ›

If a debt collection lawsuit is filed against you, respond by the date specified in the court papers. You are allowed to respond either personally or through your attorney. To preserve your rights, respond and don't ignore the lawsuit. To learn more, read What To Do if a Debt Collector Sues You.

How do I write a letter to court for debt collection? ›

Drafting a Letter for Debt Collection

You must always make clear what is owed. If you can, include an itemized receipt including any late fees will be helpful. Be sure to include clear payment options, as well the deadline before you will initiate legal action.

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