How to Answer a Debt Collection Summons in Indiana (2025)
You have only 20 days to respond to a debt collection lawsuit in Indiana. Filing a written Answer prevents default judgment and protects you from wage garnishment, bank levies, and property liens. Address each claim in the Complaint, assert your affirmative defenses like expired statute of limitations, and file with the court before the deadline expires.
Answer Your LawsuitBeing served with a debt collection lawsuit can feel overwhelming. You might not know what to do or who to call. You may worry about affording an attorney. But ignoring the lawsuit will only make things worse.
You have rights. Indiana has laws in place to protect you. Fighting back starts with filing a written Answer.
Respond to Your Indiana Debt Lawsuit in Minutes
Don't risk default judgment. Solo walks you through every step of creating your Answer, reviews it with an attorney, and files it with the Indiana court before your 20-day deadline expires.
Start Your AnswerIn Indiana, you only have 20 days to respond. Miss that deadline, and the court can enter a default judgment against you. The creditor could then seize your bank account, garnish your wages, or put a lien on your home.
You can prevent all of that by responding on time. Here’s everything you need to know about answering a debt collection Summons in Indiana.
You Have 20 Days to Respond to a Debt Lawsuit in Indiana
Indiana Civil Procedure Rule 6(C) gives you 20 days to file an Answer after you’re served. The clock starts ticking the moment you receive the Summons and Complaint.
Twenty days might not seem like much time. But it’s enough if you act quickly.
Filing a written Answer gives you a fighting chance. Your case could even be dismissed if the collector can’t prove their claims.
Without your response, the court enters a default judgment. The creditor wins automatically. You’ll owe whatever they say you owe, plus interest and fees. Worse, you’ll have little recourse at that point.
Indiana law requires that “a responsive pleading required under these rules shall be served within twenty days after service of the prior pleading.”
Don’t let time run out on you. Start your Answer today.
Use a Professional Answer Template for Indiana
Indiana doesn’t provide a statewide Answer form for debt lawsuits. You’ll need to create your own response.
Our partner Solo offers a simple online Answer form. The platform walks you through every question you need to answer. An attorney can even review your document before you file.
Solo has successfully helped defendants file Answers in dozens of Indiana cases. The service is legitimate, professional, and proven to work.
You can see an example form for attorney appearances in civil cases on Indiana’s court website. Your Answer will look similar.
Three Steps to Respond to Your Indiana Debt Lawsuit
Answering a debt lawsuit is easier than you think. You just need to follow three steps:
- Address each claim in the Complaint.
- Assert your affirmative defenses.
- File your Answer with the court and send a copy to the plaintiff’s attorney.
Take these steps seriously. Missing the 20-day deadline means automatic loss by default judgment.
Step 1: Address Each Claim in the Complaint
Read through the entire Complaint carefully. You’ll see numbered paragraphs with specific allegations against you.
You must respond to each paragraph with one of three answers:
- Admit: You agree the statement is true.
- Deny: You disagree and want them to prove it.
- Deny due to lack of knowledge: You don’t have enough information to admit or deny.
Many attorneys recommend using a “general denial.” Deny all allegations and make the plaintiff prove their case. Proving the allegations takes work, time, and resources on their part.
Answer honestly. If you disagree with something, briefly explain why. You can always amend your Answer later if needed.
Step 2: Assert Your Affirmative Defenses
Affirmative defenses are your chance to share your side of the story. Keep your answers brief and factual.
You must list all defenses now. Once you file your Answer, you can’t bring up new defenses later.
Common affirmative defenses include:
- The statute of limitations has expired.
- The debt doesn’t belong to you (identity theft).
- You don’t owe the amount they claim.
- The account was closed or canceled.
- The debt was already paid or settled.
- The plaintiff is acting in bad faith.
- You were never informed of your rights as a co-signer.
- The collector engaged in harassment.
Note that “inability to pay” is not a valid defense. The only exception is if you filed for bankruptcy and the debt was legally discharged.
Check the date of your last payment or account activity. If more than six years have passed for most debts, the statute of limitations may have expired.
Step 3: File Your Answer and Serve the Plaintiff
File the original Answer with the court. Send a copy to the plaintiff’s attorney.
Indiana offers e-filing in most courts. You can file online instead of mailing your Answer.
If you mail it, use certified mail with return receipt requested. You’ll get proof of delivery and can track the letter if it goes missing.
Our partner Solo can handle the entire filing process for you in all 50 states.
What Is an Alias Summons in Indiana?
An alias Summons is simply a second attempt to serve you. If the first Summons didn’t reach you, the plaintiff sends another one.
You have the same 20-day deadline to respond to an alias Summons. The rules don’t change.
Respond immediately to avoid default judgment.
What If You Never Received a Summons?
Sometimes lawsuits proceed without proper service. You might never receive the Summons at all.
If you discover a default judgment was entered without your knowledge, you can file a Motion to Set Aside Judgment. Explain to the court that you were never served.
Courts almost always grant these motions. You’ll get the chance to file your Answer. Use “improper service” as one of your affirmative defenses.
Indiana Statute of Limitations on Debt
The statute of limitations sets a time limit for filing lawsuits. Once that period expires, creditors lose their right to sue you.
Indiana has different statutes of limitations for different debt types:
| Debt Type | Time Limit |
|---|---|
| Credit Card | 6 years |
| Medical Debt | 6 years |
| Auto Loan | 6 years |
| Student Loan | 6 years |
| Personal Loan | 6 years |
| Promissory Note | 10 years |
| Mortgage | 10 years |
| Judgment | 20 years |
The clock starts on the date of last activity. That could be your last payment or your last purchase on the account.
If a debt is past the statute of limitations, the company can’t legally sue you. Many collectors try anyway. If they do, use “expired statute of limitations” as one of your affirmative defenses.
For example, if you’re sued 8 years after defaulting on a credit card, the debt is time-barred. The statute of limitations for credit card debt in Indiana is 6 years.
The debt doesn’t disappear after the statute expires. But collectors can’t use the court system to force you to pay.
Settle Your Indiana Debt Before Going to Court
You can negotiate a settlement at any stage of the lawsuit. Debt settlement means paying less than the full amount owed.
Many creditors prefer settlement over lengthy court battles. Settling saves them time and money.
Start by offering to pay 60% of what you owe. The creditor may counter with a different amount. Negotiate until you reach an agreement.
Technology makes debt settlement easier than ever. You can send and receive offers without phone calls or confrontations.
Our partner Solo helps you negotiate settlement offers online. The platform manages all documentation and processes your payment securely. Your financial information stays private throughout the process.
Settlement can save you thousands of dollars. But you need to document everything in writing. Get the settlement agreement before you pay anything.
Free Legal Help for Indiana Residents
Can’t afford an attorney? Several Indiana organizations provide free or low-cost legal assistance:
Indiana Legal Services, Inc.
800-869-0212
This nonprofit law firm serves low-income families throughout Indiana. They have offices in Indianapolis and eight branch locations.
Indiana Legal Help
Email: info@indianalegalhelp.org
Supported by the Indiana Bar Association and Indiana Supreme Court. Offers assistance with civil matters for people of limited means.
Indianapolis Bar Association
135 N. Pennsylvania St., Suite 1500
Indianapolis, IN 46204
(317) 269-2000
Indianapolis Legal Aid Society
615 N Alabama St #122
Indianapolis, IN 46204
(317) 635-9538
Legal Services Organization of Indiana
151 North Delaware Street, Suite 1800
Indianapolis, IN 46204
(800) 869-0212
Stop Wage Garnishment in Indiana
Wage garnishment happens after you lose a debt lawsuit. The court grants the creditor power to take money directly from your paycheck.
Indiana law limits how much creditors can garnish. They can only take the lesser of:
- 25% of your disposable income, or
- The amount your disposable income exceeds 30 times the federal minimum wage.
Disposable income means your wages after required tax withholdings. Voluntary deductions like health insurance or retirement contributions can still be garnished.
Child support, back taxes, and federal student loans have different limits. Child support garnishment can reach 65% of your wages.
Request a Reduced Garnishment
Indiana allows you to request lower garnishment payments. You’ll need to prove financial hardship to the court.
If approved, your garnishment can be reduced to between 10% and 25% of your weekly disposable earnings. The judge decides the exact amount.
Avoid Garnishment by Filing an Answer
Most debt lawsuits result in default judgments. Debtors simply don’t respond in time.
Filing an Answer prevents automatic loss. You get your day in court to challenge the lawsuit.
Don’t wait. You have as little as 20 days in Indiana to file your response.
Indiana Debt Collection Laws Protect You
Both federal and state laws protect you from aggressive debt collectors.
The Fair Debt Collection Practices Act (FDCPA)
Federal law prohibits debt collectors from:
- Calling multiple times per day.
- Calling before 8 a.m. or after 9 p.m.
- Failing to identify themselves as debt collectors.
- Refusing to validate your debt.
- Contacting friends, family, or coworkers about your debt.
- Ignoring cease and desist letters.
- Threatening arrest for unpaid debt.
- Using profane or offensive language.
- Impersonating lawyers or law enforcement.
Report FDCPA violations to the Federal Trade Commission at 877-382-4357 or the Consumer Financial Protection Bureau at 855-411-2372.
Note that the FDCPA only applies to third-party collectors. Your original creditor isn’t bound by these rules.
Debt Collectors Must Validate Your Debt
Indiana law requires written debt validation. Collectors must provide:
- The amount you owe.
- The original creditor’s name.
- Evidence connecting you to the debt.
Never send a “good faith” payment without validation. Paying can be seen as admitting the debt is yours.
Send a Debt Validation Letter instead. If the collector can’t prove the debt, they must stop contacting you.
You Can Dispute the Debt
You typically have 30 days to dispute a debt after receiving validation. Disputing is your legal right under Indiana law.
If you don’t dispute within 30 days, the debt is assumed valid. The collector can continue collection efforts.
Debt Relief Options in Indiana
Drowning in debt? Indiana residents have several relief options available.
Credit Counseling Agencies
Federally approved credit counseling agencies operate throughout Indiana. Counselors help you create debt management plans.
Your counselor may contact creditors on your behalf. Creditors aren’t required to participate, but many do.
Most debt management plans help you become debt-free within 5 years. You’ll need to avoid taking on new debt during that time.
Debt Consolidation
Consolidation combines multiple debts into one loan. Ideally, you’ll get a lower interest rate.
You’ll need good credit to qualify for the best rates. Some credit cards offer balance transfers with promotional 0% interest rates.
Proceed carefully. Missing a single payment during the promotional period can trigger full interest charges, including back pay.
Indiana State Programs
Indiana offers several programs for struggling families:
- Temporary Assistance for Needy Families (TANF): Cash assistance for families with children under 18.
- Supplemental Nutrition Program (SNAP): Food assistance for low-income households.
- INconnect Alliance: Support services for senior citizens.
- Healthy Indiana Plan (HIP): Health coverage for low-income adults.
Check eligibility requirements for each program. These benefits can free up money to pay down debt.
Bankruptcy as a Last Resort
Bankruptcy can eliminate most unsecured debts. But it should be your absolute last option.
Bankruptcy stays on your credit report for up to 10 years. It won’t eliminate student loans, back taxes, alimony, or child support.
Chapter 7 bankruptcy may require liquidating your assets. You could lose property to pay creditors.
Speak with a bankruptcy attorney for free before making this decision.
Check Your Indiana Court Case Status
You can track your court case status online or by phone.
Contact the County Clerk
Call your county clerk’s office to request case information. They can provide records, documents, and transcripts.
Contact the clerk in the same county where your case was filed.
Search Online
Indiana’s Public Records website includes civil court records. You can also use Indiana’s court case search at Mycase.in.gov.
Search by:
- Court case number
- Names of parties involved
- Attorney name
You can narrow searches by court type, such as circuit or superior courts.
Can’t Find Your Case?
New cases may not appear in public records immediately. Contact the clerk’s office directly if you can’t find your case online.
Courts limit information they provide about cases on behalf of others. They won’t share contact information without authorization.
Take Action Now
You now know how to respond to a debt collection lawsuit in Indiana. Here’s your action plan:
- Respond within 20 days of being served.
- Answer each allegation in the Complaint.
- Assert all affirmative defenses, including expired statute of limitations.
- File your Answer with the court.
- Send a copy to the plaintiff’s attorney.
Consider settling before your court date. Our partner Solo makes the entire process simple and stress-free.
Don’t let collectors win by default. File your Answer today and protect your rights.