How To Answer a Debt Collection Summons in Missouri (2024)
You must respond to a debt collection summons in Missouri to avoid a default judgment. Most associate circuit court cases don't require a filed answer before your first hearing, but showing up is mandatory. If you want to raise affirmative defenses or file a circuit court case, you must submit a written answer within the court's deadline.
Answer Your SummonsYou’ve been sued for debt in Missouri. You need to respond fast.
The summons form tells you exactly what to do. Follow those court instructions carefully. Your response process typically includes these steps:
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Get Help Now- Draft an answer form if required
- Address each claim the debt collector makes
- List your defenses and affirmative defenses
- File your answer with the court
- Serve a copy on the person suing you
The summons return date shows your deadline. You usually have 10 to 60 days to respond.
Understanding Missouri Debt Collection Lawsuits
Creditors and debt collectors contact you first by phone or mail. They want their money back.
After some time passes, they may file a lawsuit against you. They’re trying to force you to pay.
Missouri handles most debt collection cases in associate circuit court. These cases follow special rules under Chapter 517 of Missouri Revised Statutes. Larger debt cases go to circuit court with different procedures.
You’ll receive official court documents when someone sues you. These documents include a summons and complaint or petition.
What the Summons and Petition Tell You
A summons notifies you about the lawsuit officially. The petition or complaint comes with it.
The petition explains why you’re being sued. It states how much money they want from you. It also requests a judgment from the court.
Your summons includes critical information:
- Circuit court name handling your case
- Plaintiff’s name and their lawyer’s contact information
- Response instructions and deadlines
- Consequences if you ignore the summons
Your deadline appears right in the petition. Most defendants get 10 to 60 days to respond.
How To Respond to Your Missouri Debt Lawsuit
Read your summons carefully right away. Follow every instruction from the court exactly.
Response processes vary by court and county in Missouri. Small claims court may just require you to appear at a hearing. Associate circuit court might need a filed answer form.
Some courts let you simply show up. Others require written responses before your hearing date.
You should understand the defense process regardless. Knowledge helps you protect your rights in any debt collection lawsuit.
Important: The court clerk can help you navigate court processes. Call or visit the courthouse listed on your summons. Clerks explain court forms, rules, and procedures.
Court clerks can’t give legal advice. They can guide you through administrative steps though.
Step 1: Check If You Must File an Answer
Associate circuit court usually doesn’t require answers before your first court date. Section 517.031.2 RSMo automatically considers the petition denied.
Showing up to court means you’re already disputing the claim.
You only need to file something early if you want to raise specific defenses. Affirmative defenses, counterclaims, or cross-claims require advance filing.
Circuit court cases work differently. You must file a written answer within 30 days.
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Step 2: Address Every Allegation in Your Answer
The petition lists claims against you in numbered paragraphs. Use those numbers to organize your response.
Match your answer paragraph numbers to the complaint paragraphs. Address each allegation directly.
You have three response options for each claim:
- Admit: You agree the claim is true
- Deny: You disagree with the claim or don’t believe it
- Lack knowledge: You’re unsure if the claim is true or need more information
The third option is powerful. Saying you lack knowledge forces the debt collector to prove that claim to the judge.
Step 3: Raise Any Defenses You Have
You can challenge claims in the petition. Include information the debt collector left out.
Regular defenses say the debt collector’s claims aren’t true. Affirmative defenses point out what they failed to mention.
Affirmative defenses can win your case even if the petition contains some truth.
Common affirmative defenses in debt lawsuits include:
- Statute of limitations: The creditor waited too long to sue you
- Mistaken identity: The debt doesn’t belong to you
- Incorrect debt amount: The claimed amount is wrong
- Prior payment or settlement: You already paid or settled the debt
- Bankruptcy discharge: The debt was discharged in bankruptcy
Debt collectors sometimes break state or federal collection laws. These violations can serve as affirmative defenses.
Gather documents that support your case. Account statements, payment records, receipts, and contracts all help.
Credit card agreements and loan documents matter too. Collect anything relevant to your debt.
Step 4: Make Copies and Complete Required Forms
Make at least two copies of your completed answer form. File the original with the court.
Keep one copy for your records. Give one copy to the plaintiff.
Most states require a certificate of service form. A certificate of service proves you delivered your answer to the plaintiff.
Ask the court clerk about service requirements. Find out what paperwork you need to complete.
Step 5: File Your Answer by the Deadline
Your summons lists a return date. You must appear in court or respond by that date.
Associate circuit court typically sets return dates 10 to 60 days after service. Section 517.041.1 RSMo governs this timing. You usually don’t need to file an answer by the return date.
You must appear in court though.
Circuit court cases require written answers within 30 days of service. Don’t miss that deadline.
File your answer in person at the circuit court or by mail. Submit the original form to the court. Bring your copy to get a timestamp from the clerk.
Mailing your answer requires the original plus a copy. Include a self-addressed stamped envelope. The clerk will timestamp your copy and mail it back.
Step 6: Serve Your Answer on the Plaintiff
You must give the plaintiff a copy of any form you file. Fair court procedures require this step.
You received the summons and petition. The plaintiff must receive your answer form too.
Each court has service rules. These rules govern how you deliver your answer. You can usually serve documents in person or by mail.
Mail the answer to the plaintiff’s address on the summons. Send it to their attorney’s address if they have one.
Use certified mail for proof of delivery. You need evidence for the court showing when you sent the answer.
Send your copy to the plaintiff within five days of filing with the court.
What Happens After You File Your Answer
Several things can happen once you file your answer. The court may send you official notices.
You might receive:
- Notice of a pre-trial hearing or trial date
- Notice of a mediation session to settle the case
- A settlement offer from the plaintiff
You can reach out to the debt collector yourself. Try to negotiate a settlement agreement if you owe the debt.
Successful negotiations mean you pay less than the full amount. Keep responding to court notices even during settlement talks.
Show up for all scheduled hearings. Skipping court can make you lose the case.
Your next steps depend on your local court. Open all court notices immediately. Read them carefully to understand what you must do.
Contact the court clerk if anything is unclear. Call them immediately if you need to reschedule court appearances.
Consequences of Ignoring the Lawsuit
Many debt collectors count on you not responding. Non-response gives them an easy victory.
Ignoring the lawsuit gives collectors more power to take your money. They get this power through a default judgment.
A default judgment lets debt collectors garnish your wages. They can also freeze your bank account and take your money.
Responding to your summons is critical. A simple response dramatically increases your chances of winning the lawsuit.
Already have a default judgment against you? You may be able to cancel it. File a motion to vacate the judgment and reopen your case.
Filing a motion means submitting a formal request form to the court. Talk to the court clerk about your situation.
Ask about your options for contesting the judgment. Clerks can’t give legal advice. They can explain available processes though.
Getting Legal Help in Missouri
You may want legal advice on your case. Help writing your answer form can make a difference.
Legal aid organizations serve people who can’t afford lawyers. These groups provide free or low-cost legal help.
Missouri legal aid organizations include:
- Legal Aid of Western Missouri
- Legal Services of Eastern Missouri, Inc
- Legal Services of Southern Missouri
- Mid-Missouri Legal Services Corporation
Our partner Solo can also help you respond to your debt lawsuit professionally. They specialize in helping defendants answer summonses and negotiate settlements with debt collectors.