How to Answer a Debt Collection Summons in Louisiana (2025)

Getting sued for debt feels overwhelming. You can get through this.

Responding correctly can help you win your case. You might avoid paying the full amount or possibly nothing at all. Those constant collection calls will finally stop.

You need to understand Louisiana’s debt collection laws. The Fair Debt Collections Practices Act (FDCPA) protects your rights. Knowledge gives you power in this situation.

Louisiana Summons Response Deadlines

You have 15 to 30 days to respond in Louisiana. The deadline depends on how you were served.

Your Summons document (called a Petition in Louisiana) shows your deadline. Some give a specific date. Others provide a date range.

Article 1001 of the Louisiana Code of Civil Procedure states:

• File your Answer within 21 days after service of Citation
• If the plaintiff files a Discovery Request with the Petition, you get 30 days
• When an Exception is filed before Answer and overruled, you get 15 days
• Courts may grant additional time if you communicate with them

Even a simple one-sentence Answer works. Something like “I deny ownership of this debt” prevents the worst outcome.

Missing the deadline triggers a default judgment. You lose automatically without a hearing. The creditor wins by forfeit.

Your Answer Creates Your Defense

A strong Answer can get your case dismissed. You might negotiate a settlement for less than claimed. The judge could grant you Summary Judgment.

You want dismissal “With Prejudice” if possible. This means they cannot sue you again for this debt. “Without Prejudice” lets them refile later.

Louisiana Answer Forms

Louisiana doesn’t provide an official Answer template. Our partner Solo offers a form accepted by Louisiana courts. You complete it online in minutes.

You can also create your own Answer. Send copies to both the court and opposing attorney. Use Certified Mail Return Receipt Requested through USPS.

Keep proof of delivery. Make copies of your postal receipts. Receipts fade over time or get lost. Copies protect your proof of filing.

Louisiana Answer Filing Fees

Most Louisiana courts charge a filing fee. The state has no uniform fee schedule.

Contact your court clerk to determine the cost. Filing fees typically range from $10 to $20. The amount varies by parish.

Four Steps to Respond to Your Louisiana Debt Lawsuit

Creditors start the lawsuit by serving you with legal documents. You receive a Summons and Complaint detailing the alleged debt.

Louisiana law requires you to respond with a formal Answer. Missing your deadline almost guarantees you lose. Default judgment gets entered against you.

Don’t give up after being served. Start working on your Answer immediately. Send it well before your deadline expires.

Address every allegation in the Complaint. Assert applicable affirmative defenses. File with the court and serve the plaintiff properly. Our partner Solo can help you through each step.

Step 1: Create Your Answer Document

Your Answer is your most important defense tool. A detailed Answer may convince opposing counsel to settle. They might drop the case entirely.

Type your Answer rather than handwriting it. Courts accept handwritten Answers but typed looks more professional. Judges respond better to polished documents.

Include this information at the top:

• Your full name and address
• Plaintiff’s name (opposing attorney) and their client (creditor)
• Court name and whether it’s state or city court
• Court’s complete address
• Case number and index number
• Amount allegedly owed per the Summons

After the header, provide your formal written response.

Step 2: Respond to Each Allegation

Read every numbered paragraph in the Complaint carefully. Respond to each allegation directly.

Answer “Deny” if the accusation is incorrect. Answer “Admit” if completely true. Use “Defendant denies for lack of sufficient knowledge” when unsure.

When in doubt, deny everything. You can amend your Answer later. You can adjust strategy at court hearings.

Some attorneys recommend a general denial. This puts the burden on them to prove their case. They must verify every allegation they made.

Step 3: Assert Affirmative Defenses

Affirmative defenses explain why the plaintiff’s case is weak. List every potentially applicable defense in your Answer. Include them even if you’re not completely certain.

Common affirmative defenses include:

• The debt was already paid in full
• The debt was forgiven or excused
• Partial payment was already made
• You’re a co-signer not informed of your rights
• The account doesn’t belong to you
• The statute of limitations has expired

Louisiana’s statute of limitations for credit card debt is three years. Once this time passes, the debt becomes time-barred. They cannot legally collect through the courts.

Step 4: File and Serve Your Answer

Don’t just mail your Answer to the court. Make multiple copies first. Keep one for your records.

Send one copy to the plaintiff’s attorney. Include the court’s address and opposing counsel’s address at the bottom. Mail everything Certified Mail Return Receipt Requested.

You need proof of delivery to both parties. Without proof, they might claim they never received it.

How to Settle Debt in Louisiana

Settling means you and the creditor agree on a reduced amount. You pay less than the original debt. The account closes when you pay the settlement.

Both parties can initiate settlement talks. Usually you need to start the process. Creditors rarely offer settlements first.

You don’t have to wait until being sued. Many people only consider settling after receiving a lawsuit notice. Settlement can resolve things faster and cheaper.

Respond to the Lawsuit First

Many Louisiana residents make a critical mistake. They think intending to settle means they can ignore the lawsuit. Wrong.

You cannot ignore lawsuits regardless of settlement plans. Missing your deadline means automatic loss. Our partner Solo makes responding quick and simple.

Start Your Negotiation

Negotiating with creditors creates stress. Debt collectors aren’t as scary as you imagine. Remember both sides want the same outcome: a workable agreement.

Plan how much you can actually pay. Collectors rarely accept first offers. Have a range in mind.

Start by offering 60% of the debt. Open lower if you feel confident. The collector will likely counteroffer.

Negotiation takes time like haggling at a yard sale. The stakes are just higher here. Our partner Solo can negotiate for you if you prefer.

Get Everything in Writing

Reaching agreement is a relief. You’re not finished yet though.

Never send money without written agreement. The agreement must outline the settlement amount, payment method, and due date. It should state the creditor waives rights to the remaining debt.

This protects you from future collection attempts.

Louisiana Statute of Limitations on Debt

Many people rush to pay when sued. Take time to review your options first. Check whether the statute of limitations has expired.

Each state sets its own statute of limitations. After expiration, creditors cannot pursue legal action. They often sue right before the deadline expires.

Louisiana statute of limitations by debt type:

Example: Jose has Capital One credit card debt. His last payment was 4 years ago. Capital One suing him now violates the statute of limitations.

The violation only matters if Jose raises it. He must include it as an affirmative defense in his Answer. The court won’t apply it automatically.

Judgments can be renewed in Louisiana. Creditors can file a motion before expiration. This extends the judgment another 10 years.

Louisiana’s Prescriptive Statute

Most states start the statute from your last payment. It only pauses if you make another payment.

Louisiana has a “prescriptive” statute of limitations. It pauses when a lawsuit is properly filed. If dismissed, the clock resumes from where it stopped.

Louisiana Debt Collection Laws

Collectors often pressure you into quick acceptance. Understanding your rights prevents unfair treatment. Louisiana law protects you during all collector communications.

State and Federal Protections

The Louisiana Fair Debt Collection Practices Act mirrors federal law. The federal FDCPA sets baseline protections nationwide.

Both laws prevent collectors from using deceptive tactics. They cannot abuse, harass, or defame you. These laws give you powerful protection.

You Don’t Pay Collection Costs

Louisiana provides additional consumer protections. When creditors hire collection agencies, they pay those costs. You cannot be charged for collection expenses.

Contract clauses requiring you to pay attorney fees have limits. Those fees cannot exceed 25% of your total debt. This cap protects you from excessive charges.

Getting Debt Relief in Louisiana

Debt from multiple sources creates overwhelming pressure. Credit cards, medical bills, student loans, and personal loans pile up. Determination and applications can bring relief.

Apply for Assistance Programs

Louisiana offers several helpful programs:

• Operation Round-Up: Grants for food and medical care for low-income residents
• Louisiana Housing Programs: Assistance for low-income renters and homebuyers
• Family Independence Temporary Assistance (FITAP): Financial help and job training
• Unemployment Insurance: Temporary assistance for recently unemployed
• SNAP: Food budget supplements for low-income households
• Private Student Loan Relief: Connects you with assistance programs

Not qualifying for programs doesn’t end your options. Other effective strategies still exist.

Create a Debt Paydown Strategy

Your debt mountain becomes manageable with a plan. Breaking it down into steps makes everything clearer.

Two popular strategies work well:

• Snowball Strategy: Pay smallest debts first, then tackle bigger ones
• Avalanche Strategy: Pay high-interest debts first, then lower-interest debts

Progress takes time but every step counts. Celebrate each victory along your journey.

Consider Debt Consolidation

Debt consolidation loans require fairly decent credit. You might qualify if your score is adequate.

Consolidation rolls multiple high-interest debts into one payment. Your monthly payment becomes simpler to manage.

Verify the loan’s interest rate is lower. Otherwise you pay more over time. Take time shopping for the best rate.

Use Home Equity Options

Homeowners can tap home equity to pay debt. HELOCs and home equity loans typically have lower rates. They’re secured by your home.

Secured debt carries risk though. Unable to pay means the creditor can foreclose. Examine your finances carefully before choosing this option.

Stopping Wage Garnishment in Louisiana

Settling before judgment is smart strategy. Already facing garnishment means dealing with current reality. Here’s what Louisiana allows.

Know Your Consumer Rights

Creditors cannot take all your wages. Louisiana law sets maximum garnishment amounts.

Weekly garnishment is limited to the lesser of:

• Disposable income after subtracting 30 times federal minimum wage ($7.25)
• 25% of your disposable income

Disposable income means after taxes only. It doesn’t account for your essential living expenses.

Understand Your Limited Options

Stopping wage garnishment in Louisiana is difficult. Appeals rarely succeed even with attorney help.

Only two options typically work: pay the full debt or file bankruptcy. Bankruptcy eliminates many debts but damages your credit significantly.

Bankruptcy makes securing credit extremely difficult for years. Finding housing becomes harder too. Filing for bankruptcy just to stop garnishment is usually unwise.

The best approach is preventing garnishment. Respond promptly to debt collectors. Our partner Solo helps you explore settlement options early.

Tracking Your Louisiana Court Case

After sending your Answer, track your case carefully. Missing any hearing or deadline means automatic loss. Default judgment gets entered against you.

Why Tracking Matters

Default judgments give creditors powerful collection tools. They can garnish wages and freeze bank accounts. Sometimes they can sell your property.

Staying current on deadlines protects you from these consequences.

Louisiana makes tracking difficult unfortunately. Only 16 of 64 parishes offer online court record access. Most require in-person courthouse visits.

Visit your Parish Court location to get your case number. The clerk provides copies of your records. They may charge a small fee.

Louisiana Legal Aid Organizations

Louisiana has two government-assisted legal services organizations. Both provide free legal help to qualifying residents.

Southeast Louisiana Legal Services Corporation
1340 Poydras St. Ste. 600
New Orleans, LA 70112
(800) 349-0886
https://slls.org/

Acadiana Legal Service Corporation
1020 Surrey Street
P.O. Box 4823
Lafayette, LA 70502
(800) 256-1175
https://www.la-law.org