How to Answer a Summons for Debt Collection in New Jersey

Being sued by a debt collector feels overwhelming. But you have more power than you think.

You can fight back against your debt collection lawsuit. You can even win. The key is knowing your rights and responding quickly.

In New Jersey, you have 35 days to respond. Miss that deadline and you lose automatically. Debt collectors count on you not knowing how to respond. Prove them wrong.

Here’s everything you need to know about responding to a debt collection lawsuit in New Jersey.

You Have 35 Days to Respond to Your New Jersey Debt Lawsuit

The clock starts ticking when you receive the Summons and Complaint.

According to N.J. Ct. R. 4:6(a), you must serve your Answer within 35 days. That’s 35 days after service of the summons and complaint.

Your case will be heard in one of three divisions:

• Law Division: Claims above $15,000
• Special Civil Part: Claims between $3,000-$15,000
• Small Claims Court: Claims between $1-$3,000

The 35-day deadline applies regardless of which division handles your case.

Miss this deadline and the court enters a default judgment against you. The debt collector wins automatically without proving their case.

In Law Division cases, you may request an extension. Ask the opposing attorney first. Most will grant reasonable requests.

With our partner Solo, you can generate your response in 15 minutes. An attorney reviews it, then we file it for you.

New Jersey Answer Forms You Need

Your Answer document responds to the Summons and Complaint you received.

The easiest way is using our partner Solo’s Answer form. Answer a series of questions about your case. The software creates a personalized Answer with your responses and affirmative defenses.

You can also use New Jersey’s official forms:

• Law Division Answer Form
• Special Civil Part Answer Form

Both are available on the New Jersey Courts website.

Filing Fees in New Jersey Courts

New Jersey charges a filing fee when you submit your Answer.

Yes, you pay to defend yourself. But winning your case makes it worthwhile.

Example: Jeff faces a $5,000 lawsuit in Special Civil Part, Hudson County. He lives in Hoboken. Since $5,000 is less than $15,000, Jeff pays a $30 filing fee.

Our partner Solo handles filing fees for you.

Three Steps to Respond to Your Debt Lawsuit

The Summons notifies you of the case. The Complaint lists specific claims against you.

These documents must be personally delivered to someone at your home. Sometimes they’re delivered incorrectly, called “sewer service.” You can use this as a defense.

Follow these three steps to respond:

1. Respond to each claim in the Complaint
2. Assert your affirmative defenses
3. File the Answer and send a copy to the plaintiff’s attorney

Step 1: Respond to Each Claim

The Complaint contains numbered paragraphs laying out the case against you.

Debt collection cases typically include 10 to 30 numbered claims. Sometimes they’re organized into sections like “parties,” “jurisdiction,” and “facts.”

Match each numbered paragraph with one of these responses:

• Admit: You agree with everything in the paragraph
• Deny: You disagree with anything in the paragraph
• Deny due to lack of knowledge: You don’t understand or lack information

Many attorneys recommend making a general denial. Deny everything and force the collector to prove their case.

Step 2: Assert Your Affirmative Defenses

An affirmative defense explains why the lawsuit fails.

You must list these defenses in your Answer. Otherwise, you can’t raise them later. You’ll be barred from using them.

Common defenses include:

• The account isn’t yours
• The contract was canceled
• The plaintiff acted in bad faith
• The statute of limitations expired
• The debt was paid or excused
• The debt was settled for a different amount
• The debt was partially or fully satisfied
• You’re a co-signer who wasn’t informed of your rights

Unfortunately, inability to pay isn’t a legal defense.

Our partner Solo helps you identify the right defenses for your case.

Step 3: File Your Answer and Serve the Plaintiff

Your Answer means nothing unless you file it properly.

Here’s what you need to do:

• Print two copies of your Answer
• Mail one copy to the court
• Mail the other copy to the plaintiff’s attorney

The attorney’s address appears in the Summons and Complaint you received.

Finding the court’s mailing address is trickier. Court documents often omit this information. The Civil Division mailing address may differ from the physical courthouse address.

We’ve compiled every New Jersey court mailing address below.

Complete this step and you’ve successfully responded to your lawsuit. With our partner Solo, you increase your chances of winning by 7x.

Example: Joseph faces a lawsuit from Midland Credit Management in New Jersey. The debt is $2,000 from an old credit card. He uses our partner Solo to draft and file his response. Joseph denies most claims and lists several defenses, including expired statute of limitations. Midland files a motion to dismiss. Joseph is off the hook.

New Jersey’s Statute of Limitations on Debt

Under N.J. Stat. §2A:14-1, the statute of limitations on debt is six years.

You can’t legally be sued for debt more than six years after your last payment.

But that won’t stop debt collectors from trying. You must raise the statute of limitations as a defense in your Answer.

Our partner Solo helps you use the statute of limitations as a defense.

Under §2A:14-5, the statute of limitations on judgment debt is 20 years. If you lose by default judgment, the new statute extends to 20 years.

Example: Willy owes credit card debt in New Jersey. His last payment was eight years ago. A debt collector sues him. The statute of limitations has expired. Willy must raise this as an affirmative defense.

New Jersey Debt Collection Laws Protect You

New Jersey debt collection laws protect consumers from unfair practices.

The New Jersey Consumer Fraud Act (NJCFA) prohibits false fraud, improper action, and deceptive practices. Violators may pay up to three times damages, plus attorney fees and costs.

New Jersey follows the Fair Debt Collection Practices Act (FDCPA) closely. Key protections include:

• Debt collectors must identify themselves when contacting you
• You receive written notice within five days of first contact
• Debt collectors provide written confirmation of payment
• Collectors must stop contacting you after a valid Cease and Desist letter
• Collectors must verify disputed debts in writing
• Collectors must maintain accurate records
• No calls before 8 a.m. or after 9 p.m.
• No calls at work when your employer prohibits it
• No disclosure of your debt to family or friends
• No continued contact after you ask them to stop
• No harassment or abuse
• No threats about selling your debt
• No repeated calling to annoy you
• No failure to identify themselves as debt collectors
• No false claims about their identity
• No threats to seize property they can’t legally take
• No threats of legal action they don’t plan to take

Knowing your rights helps you fight back effectively.

If a collector violates these regulations, you can file a counterclaim. You may recover up to $1,000 per violation.

Legal Aid Organizations in New Jersey

New Jersey offers free legal services to residents who qualify.

Northeast New Jersey Legal Services

• Bergen County: 190 Moore Street, Suite 100, Hackensack, NJ 07601 | 201-487-2166
• Hudson County: 574 Summit Avenue, 2nd Floor, Jersey City, NJ 07306 | 201-792-6363
• Passaic County: 152 Market Street, 6th Floor, Paterson, NJ 07505 | 973-523-2900
• Essex County: 5 Commerce Street, 2nd Floor, Newark, NJ 07102 | 973-624-4500

Northwest New Jersey Legal Services

• Hunterdon County: 82 Park Avenue, Flemington, NJ 08822 | 908-782-7979
• Morris County: 30 Schuyler Place, 2nd Floor, Morristown, NJ 07963 | 973-285-6911
• Somerset County: 18 Church Street, Suite 120, Newton, NJ 07860 | 973-383-7400
• Warren County: 91 Front Street, Belvidere, NJ 07823-1437 | 908-475-2010

Central Jersey Legal Services

• Trenton: 198 West State Street, Trenton, NJ 08608 | 609-695-6249
• Perth Amboy: 313 State Street, Suite 308, Perth Amboy, NJ 08861 | 732-324-1613
• New Brunswick: 317 George Street, Suite 201, New Brunswick, NJ 08901 | 732-249-7600
• Elizabeth: 60 Prince Street, Elizabeth, NJ 07208 | 908-354-4340

South Jersey Legal Services

• Atlantic County: 1300 Atlantic Avenue, Atlantic City, NJ 08401 | 609-348-4200
• Burlington County: 107 High Street, Mount Holly, NJ 08060 | 609-261-1088
• Camden County: 745 Market Street, Camden, NJ 08102 | 856-964-2010
• Cape May County: 1261 Route 9 South, Cape May Court House, NJ 08210 | 609-465-3001
• Cumberland/Salem Counties: 415 W. Landis Avenue, 2nd Floor, Vineland, NJ 08360 | 856-691-0494
• Gloucester County: 47 Newton Avenue, Woodbury, NJ 08096 | 856-848-5360
• Monmouth County: 303 West Main Street, Third Floor, Freehold, NJ 07728 | 732-414-6750
• Ocean County: 215 Main Street, Toms River, NJ 08753 | 732-608-7794

New Jersey Court Mailing Addresses

Finding your court’s mailing address can be surprisingly difficult online.

New Jersey has 21 counties organized into 15 “Vicinages” or districts. Some counties share courts.

Here are the mailing addresses for all New Jersey Superior Courts:

• Atlantic County: 1201 Bacharach Boulevard, Atlantic City, NJ 08401 | 609-402-0100
• Cape May County: 9 North Main Street, Cape May Court House, NJ 08210 | 609-402-0100
• Bergen County: 10 Main Street, Hackensack, NJ 07601 | 609-402-0100
• Burlington County: 49 Rancocas Road, Mount Holly, NJ 08060 | 609-288-9500
• Camden County: 101 South 5th Street, Camden, NJ 08103 | 856-650-9100
• Cumberland County: Broad and Fayette Streets, Bridgeton, NJ 08302 | 856-878-5050
• Essex County: 470 Dr. Martin Luther King Jr. Boulevard, Newark, NJ 07102 | 973-776-9300
• Gloucester County: 1 North Broad Street, Woodbury, NJ 08096 | 856-878-5050
• Hudson County: 595 Newark Avenue, Jersey City, NJ 07306 | 201-795-5162
• Hunterdon County: 65 Park Avenue, Flemington, NJ 08822 | 908-824-9750
• Mercer County: 175 South Broad Street, Trenton, NJ 08650 | 609-571-4200
• Middlesex County: 56 Paterson Street, New Brunswick, NJ 08903 | 732-645-4300
• Monmouth County: 71 Monument Park, Freehold, NJ 07728 | 732-358-8700
• Morris County: Washington and Court Streets, Morristown, NJ 07963 | 862-397-5700
• Passaic County: 77 Hamilton Street, Paterson, NJ 07505 | 973-653-2910
• Ocean County: 118 Washington Street, Toms River, NJ 08754 | 732-504-0700
• Salem County: 92 Market Street, Salem, NJ 08079 | 856-878-5050
• Somerset County: 20 North Bridge Street, Somerville, NJ | 908-332-7700
• Sussex County: 43-47 High Street, Newton, NJ 07860 | 862-397-5700
• Union County: 2 Broad Street, Elizabeth, NJ 07207 | 908-787-1650
• Warren County: 413 Second Street, Belvidere, NJ 07823 | 908-750-8100

Debt Relief Options in New Jersey

Debt relief has helped countless New Jersey residents eliminate overwhelming debt.

The best option depends on your debt type, amount available, and urgency to pay.

Debt Settlement

Negotiate with creditors to accept less than you owe.

You need a lump sum available to pay once they accept. Start negotiations below your maximum so you have room for counteroffers.

You can negotiate yourself or hire a debt settlement company.

Credit Counseling

A professional helps you manage finances and create a debt payoff plan.

The process is slow but educational. You learn to avoid future financial traps. Most counselors require you to avoid new credit during the program.

Debt Management Programs

Professionals take over debt management for you.

You may open a bank account for monthly deposits. They approach creditors to request better interest rates or payment terms.

Debt Consolidation

Combine multiple debts into one manageable payment.

Take out a new personal loan to pay off other debts. Look for lower interest rates than your current debts.

Bankruptcy

Use bankruptcy as a last resort.

Bankruptcy stays on your credit report for ten years. It eliminates most debt and provides a fresh start. You must qualify for Chapter 7 or Chapter 13.

New Jersey also offers assistance through WorkFirst NJ, Low Income Home Energy Assistance (LIHEAP), NJ SNAP, and Earned Income Tax Credit (EITC).

Check Your New Jersey Court Case Status

Finding your lawsuit helps you understand your case better.

You can track progress and know what’s required before court. New Jersey has three court levels:

• Supreme Court: Highest court, reviews lower court cases
• Appellate Division: Intermediate court, reviews trial court cases
• Superior Court: 21 Superior Courts handle jury trials in divisions based on claim amount

Check Case Status in Person

Visit your county courthouse in person for detailed records.

Use the New Jersey court directory to find your courthouse location. Call the court clerk for basic information to save a trip.

You’ll need your case number or provide your name, date of birth, and creditor’s name.

Check Case Status Online

Search your case at the New Jersey Public Access Portal.

Use the party search option, fill in details, and click search. Your case number and information will appear.

How to Settle Your Debt in New Jersey

Settling debt is your best option when you can’t pay the full amount.

Some creditors accept reduced payments. Debt collectors know court is slow and expensive. They’d rather get something than nothing.

Follow these steps to settle after being sued:

1. Respond to the lawsuit: File a written Answer even if you plan to settle. Block default judgment and buy time to negotiate.
2. Make the first settlement offer: After filing your Answer, approach the opposing lawyer. Offer a lump sum significantly lower than the original debt. Leave room to negotiate.
3. Get the settlement in writing: Don’t pay until they sign a debt settlement agreement. The document must state they’ll mark the debt as paid or settled and drop the lawsuit.

Our partner Solo offers SoloSettle, an online tool for negotiating with collectors. You don’t have to call or talk to them directly. They handle all paperwork.

Other debt settlement companies include Freedom Debt Relief, Century, National Debt Relief, Citizens Debt Relief, and CuraDebt. Choose carefully and research thoroughly.

Filing in Monmouth County Courthouse

Receiving a lawsuit in Monmouth County doesn’t mean automatic defeat.

You can still win by filing your Answer before the deadline. Your case location depends on debt amount:

• Small Claims Court: Debts up to $3,000
• Special Civil Part: Debts between $3,000 and $15,000
• Law Division: Debts above $15,000

You must respond within 35 days regardless of court division.

Failure to respond results in default judgment. Creditors may obtain garnishment orders.

Use our partner Solo’s Answer to respond and increase your chances of winning.

The response process has three stages:

1. Respond to allegations: Admit, deny, or deny for lack of knowledge. Deny most claims and force creditors to prove their case.
2. Explain affirmative defenses: List reasons against paying the debt. Build a strong case pushing collectors toward withdrawal or settlement.
3. Send the Answer: Mail copies to the court and creditor. Keep one copy for your records.

Our partner Solo helps you draft and file your Answer. The template is easy to customize. We’ll file it for you for a small fee.