How To Answer a North Carolina Debt Collection Summons

Getting a debt collection summons feels overwhelming. You’re not alone. This guide explains what a summons means and which court is handling your case. You’ll learn what steps to take to protect yourself. Responding quickly can make a big difference in your case.

How Do Debt Collection Lawsuits in North Carolina Work?

When bills pile up and debt goes unpaid, collectors start calling. They send written notices. If you ignore these efforts, the debt collector may file a lawsuit against you.

You’ll be notified with a summons and complaint.

What Is a Summons and Complaint?

A summons is a court document informing you someone is suing you. It includes your court date and response deadline.

A complaint lists the reason for the lawsuit. It’s usually a debt you allegedly owe. The document explains what the creditor wants the court to order you to pay. In North Carolina, this form is called a Complaint for Money Owed.

The complaint shows what the debt collector wants. Usually, they seek a court-ordered money judgment to collect the debt. The judgment amount could include the debt, accrued interest, and lawsuit costs.

What Happens if You Ignore the Summons?

Never ignore a lawsuit. If you ignore it, you’ll likely lose by default. The judge could issue a default judgment against you.

A default judgment allows the creditor to collect through bank account levy or property lien. North Carolina law doesn’t allow wage garnishment for consumer debts.

💪 Debt collectors count on you not showing up or responding. By simply taking action, you give yourself a fighting chance to win.

If a default judgment already exists against you, you can file a motion to vacate the judgment. You submit this official request with the court that served you. The process can be difficult. Our partner Solo can help you respond and negotiate settlement terms.

What Kind of Court Is Handling Your Case?

In North Carolina, where your case is filed depends on how much you allegedly owe:

• Small Claims Court: Handles cases under $10,000.

• District Court: Handles cases from $10,000 to $25,000.

• Superior Court: For lawsuits over $25,000. These are rare for consumer debt cases.

💡 Your summons lists the court name. If you’re not sure, contact the court clerk. Use the North Carolina Judicial Branch’s courthouse locator.

How To Answer a North Carolina Court Summons for Debt Collection

Your next steps depend on which court is handling your case.

If your case is in small claims court, you’re not required to file an answer. You can still choose to file an answer or counterclaim. If you don’t file anything, you must still show up for your court date.

If your case is in district court, you must file an answer within 30 days. There’s no filing fee to file an answer or counterclaim.

Follow the steps below to file an answer form.

✨ Though you can respond on your own, our partner Solo can help you draft and send a lawsuit response. They can even help negotiate a debt settlement with a 100% money-back guarantee.

Step 1: Get the Answer Form

You have 30 days from the date you receive the summons and complaint to file your response.

You respond by filling out an Answer to Complaint form. You can get the form from the court that served you. The North Carolina Judicial Branch has a small claims eCourt Guide and File tool. It creates the documents electronically for you to print.

Step 2: Respond to Each Claim From the Complaint

The complaint lists the claims the creditor is making against you. On the answer form, you respond to each claim by checking one box:

• Admit (you agree with the claim)

• Deny (you disagree with the claim)

• Lack knowledge (you’re not sure if the claim is true)

To fill out the answer form, follow along with the complaint. Write the paragraph number for each allegation onto the corresponding line.

For example, if your complaint outlined four allegations and you admit to allegations 1–3 but deny the fourth, you’d list 1, 2, 3 on the “Admit” line. Then list 4 on the “Deny” line.

Step 3: Fill Out and Sign the Verification Section With a Notary Present

After filling out the form, you need to sign it in front of a notary public.

Notaries can be found at banks, post offices, and libraries. Use the North Carolina Secretary of State’s notary search tool.

⚠️ Do not sign the form until the notary is present.

Your signature means you’re agreeing that:

• You are the defendant.

• All information provided is true to your knowledge.

Step 4: Make Copies of Your Answer Form

Make two copies of your completed answer form.

• File the original with the court, by mail or in person

• Mail or hand-deliver one copy to the plaintiff

• Keep one copy for your records

LawHelpNC.org recommends you file the form in person at the court.

Step 5: Sign the Certificate of Service

This section confirms that you gave the plaintiff a copy of your answer. You’ll fill in the date and method of delivery. Sign this section at the bottom of the form.

You can deliver the copy to the plaintiff in person or mail it. This is called serving the plaintiff.

Tips To Prepare for Court Appearances

After you file your answer form, you’ll be put on the court’s calendar. You’ll attend either trial or arbitration. The claim must be for less than $15,000 to qualify for arbitration in North Carolina District Court.

If your case is heard by small claims court, your court date will be within 30 days. An answer is not required for small claims.

According to LawHelpNC.org, the best way to prepare for court is to:

• Prep and organize your paperwork.

• Prepare any notes and talking points.

• Arrive early on your court date.

• Dress appropriately. Think job interview attire.

You can learn more about what to expect at the courthouse by looking at LawHelpNC’s Preparing for Court guide.

Where To Get Free or Low-Cost Legal Help

• Legal Aid of North Carolina has a Guide to Small Claims Court. It breaks down the small claims court process and offers free online legal services for certain legal matters.

• North Carolina Judicial Branch has a small claims eCourt Guide and File tool. It can create legal documents for you to file yourself.

• LawHelpNC.org has a detailed guide on how to fill out and file an answer form.

• Our partner Solo can help you respond to a debt collection lawsuit. They’ve helped over 280,000 people respond to debt lawsuits and settle debts. They have a money-back guarantee.