How To Answer a Tennessee Debt Collection Court Summons
You have 30 days to respond to a Tennessee debt collection lawsuit by filing an answer form with the court clerk. The process varies by county, so verify requirements with your local court. Ignoring the lawsuit will result in a default judgment allowing the collector to garnish your wages or freeze your bank account.
Answer Your SummonsFacing a debt collection lawsuit in Tennessee? You need to act fast. You typically have 30 days to respond to the court summons. Fill out an answer form and file it with the court. Each court has different rules, so verify requirements with your local clerk. Don’t ignore the lawsuit or you’ll likely lose by default.
How Do Debt Collection Lawsuits in Tennessee Work?
Debt collectors often turn to lawsuits when other collection efforts fail. In Tennessee, these cases typically land in General Sessions courts. You’ll receive official court documents: a summons and complaint.
Respond to Your Tennessee Debt Lawsuit Today
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What Is a Summons and Complaint?
A summons notifies you that you’re being sued. A complaint explains why you’re being sued.
Your summons includes:
- Case docket number
- Court name and location
- Plaintiff’s name and attorney information
- 30-day response deadline
- Next steps and instructions
The complaint lists specific claims against you in numbered paragraphs. It states what the plaintiff wants, usually a money judgment. A judgment allows them to collect the debt amount plus fees and court costs.
The plaintiff must follow proper service requirements. They must deliver these documents correctly so you receive notice. Service happens in person or by certified mail.
How Do You Respond to a Tennessee Court Summons for Debt Collection?
Response procedures vary by court in Tennessee. Follow these general steps, but verify local requirements. Check the summons, visit your county’s website for local rules, or call the court clerk.
Your court clerk helps you understand processes, rules, and forms. They can’t give legal advice, but they guide you through procedures. Find your court clerk through the Tennessee Courts website.
Step 1: Get an Answer or Sworn Denial Form
Your response to a lawsuit is called an answer. You complete an answer form and file it with the clerk. Some Tennessee courts call this a sworn denial form.
Most forms require similar information:
- Plaintiff’s name (person suing you)
- Defendant’s name (your name)
- Case or docket number
- Your signature
- Your response to each claim
Some clerks say you don’t need a written answer. You can just appear at the scheduled hearing. Filing an answer is still smart. It helps you examine claims and plan your defense. Sending a copy to the plaintiff shows you’re serious about asserting your rights.
Step 2: Write Out Your Response
Your answer responds to each claim in the complaint. You can:
- Deny any or all claims
- Admit any or all claims
- Deny claims due to lack of knowledge
Denying for lack of knowledge means you don’t have enough information. You can only use this in Tennessee if you’ve made a reasonable inquiry. You must actually try to find out the information first.
You can deny all claims outright. You can also address each claim by paragraph number. Include your defenses in the answer form.
Raise Your Defenses and Counterclaims
Defenses are reasons the debt collector shouldn’t win. They’re often based on information the collector didn’t mention. Maybe the debt is past the statute of limitations. Perhaps it was discharged in bankruptcy.
Common defenses in debt collection cases:
- The debt is too old to collect
- The debt was already paid
- The debt doesn’t belong to you (identity theft or wrong person)
- The debt was discharged in bankruptcy
Step 3: Complete Any Other Required Forms
Procedures vary by Tennessee court. Check the court website or contact the clerk about additional forms. Many states require a certificate of service form. This verifies you’ve delivered a copy of your answer to the plaintiff.
On the sworn denial form, the certificate of service appears at the bottom of page two.
Ask About Service Requirements
When either side files papers, they must send a copy to the other party. Courts require defendants to send their answer to the plaintiff. You certify this by signing a form.
Service processes vary by Tennessee court. Sometimes the court clerk serves the form for you. Know your court’s service requirements and follow them carefully.
You can usually mail the answer or deliver it in person to the plaintiff.
Step 4: File Your Forms With the Court Clerk Within 30 Days
File your answer with the court clerk at the courthouse listed on your summons. Do this within 30 days. Some courts accept in-person filing, electronic filing, or mailed forms. Ask the clerk about your options.
Meet the 30-day deadline no matter what. Missing it tells the court you won’t contest the case. You’ll likely lose by default judgment.
What Happens After You Respond to the Lawsuit?
After filing your answer, congratulate yourself. Many people are too intimidated to take this step. The court will contact you about next steps.
You’ll usually receive written notice by mail with a hearing date and time. Sometimes the summons includes this information when you’re first notified.
Read every court document carefully. If you can’t attend a scheduled hearing, call the clerk immediately. Ask how to reschedule.
The Tennessee Access to Justice Commission has videos showing what to expect at General Sessions court hearings. Watch these to prepare.
What Happens if You Don’t Respond to the Lawsuit?
Getting sued for debt is stressful. But ignoring the lawsuit is the worst option. You’ll almost certainly lose.
The judge will issue a default judgment against you. This court order allows the collector to take money from your paycheck. They can freeze your bank account. They might even seize and sell your personal belongings.
Most people lose debt collection cases because they don’t respond. Debt collectors hope for default judgments. They want to avoid proving you actually owe the debt. Don’t give them this easy win.
If you have a good defense and you answer the lawsuit, you might win. The case could be dismissed.
What if the Judge Already Issued a Default Judgment?
You didn’t respond to the lawsuit or missed the court hearing. The judge entered a default judgment against you. You may still be able to cancel the judgment.
File a motion within 10 days of the judgment being entered. A motion is a formal request to the court.
Your local court clerk is your best resource. Ask if there’s a motion template you can use. You may want to seek legal help for this difficult process.
If your money or belongings are at risk from a default judgment, protect them. File a Protected Income and Assets form with the court. Serve a copy to the plaintiff. The Legal Aid Society of Middle Tennessee and the Cumberlands has a helpful brochure explaining this process.
Need Legal Help?
You don’t need to hire a lawyer to respond to a debt collection lawsuit. You can file the answer form yourself and represent yourself at the hearing.
If you want legal advice or assistance, you may get free or low-cost help from:
- Legal Aid Society of Middle Tennessee and the Cumberlands: (800) 238-1443
- Legal Aid of East Tennessee: (865) 637-0484
- West TN Legal Services, Inc.: (731) 423-0616
- Memphis Area Legal Services, Inc.: (901) 523-8822
- Our partner Solo can help you respond to a debt lawsuit for a small fee. They have a money-back guarantee.