How to Answer a Debt Collection Summons in North Dakota

Getting served with a debt collection summons in North Dakota feels overwhelming. You have bills piling up, collectors calling, and now legal papers in your hand.

Take a deep breath. You can handle this.

Ignoring the summons leads to serious consequences. The collector gets a default judgment. Your wages get garnished. Your bank account gets frozen.

But responding protects you. You gain time. You force the collector to prove their case. You might even win.

You Have 21 Days to Respond in North Dakota

North Dakota law gives you 21 days to file your Answer. Small claims cases have a 20-day deadline.

The clock starts when you receive the summons. If day 21 falls on a weekend or holiday, you get until the next business day.

Missing the deadline is dangerous. The plaintiff can request a default judgment without notifying you. That judgment gives them power to garnish your wages and seize your assets.

Your credit score takes a hit too. A judgment stays on your credit report for years.

Mark your calendar right now. Set multiple reminders. This deadline matters more than almost anything else.

Use These Forms to File Your Answer

Before you start, verify the debt collector has a valid North Dakota license. Check with the North Dakota Department of Financial Institutions.

Once confirmed, you need the right forms.

Online Answer Tool

Creating an Answer yourself takes hours of research and formatting. You need to use precise legal language. You must respond to every allegation correctly.

Our partner Solo simplifies this process. Answer questions about your case online. The software generates a properly formatted Answer. You file it with the court and serve the plaintiff.

No legal jargon confusion. No formatting mistakes. Just straightforward questions and professional results.

North Dakota Court Templates

The North Dakota court system provides templates:

• District Court Answer form
• Small Claims Answer

These forms are court-approved. But you fill everything out alone. You decide what language to use. You determine how to present your defenses.

Most people find this approach harder and more time-consuming.

Pay the Filing Fee or Request a Waiver

District Court cases require a $50 filing fee. Small claims cases have no fee.

Cannot afford $50? Request a fee waiver.

The waiver form asks about your assets, liabilities, income, and expenses. The court reviews your financial situation. If you qualify, you file for free.

Submit your fee waiver request with your Answer. Include your affidavit of service and confidential information form.

Four Steps to Answer Your Summons

Responding to a debt lawsuit follows a clear process. Each step builds your defense.

Step 1: Create Your Answer Document

Your Answer includes information from the summons and complaint. You need your personal details, plaintiff information, and court information.

Use the court templates or our partner Solo to create a properly formatted document.

Step 2: Respond to Every Allegation

Read each paragraph of the complaint carefully. You have three response options for each claim:

• Admit it (only if completely true)
• Deny it (if false or partially false)
• State you lack sufficient information to admit or deny

The court treats silence as admission. If you do not deny a claim, you accept it as true.

Be careful here. Admitting to things you should not weakens your case.

Step 3: Assert Your Affirmative Defenses

Affirmative defenses introduce evidence that defeats the plaintiff’s case. These defenses work even if the debt exists.

Common defenses in North Dakota include:

• Statute of limitations expired: The debt is too old to sue over (typically six years in North Dakota)
• Wrong amount: The claimed debt differs from what you actually owe
• Identity theft or mistaken identity: You are not the person who incurred this debt
• Already paid: You settled this debt already
• Bankruptcy discharge: Bankruptcy court already eliminated this debt
• Improper service: The plaintiff did not follow proper procedures when serving you
• Lack of jurisdiction: This court cannot hear this type of case
• No proof of ownership: The collector cannot prove they own this debt
• Partial payment accepted as full: The creditor accepted a settlement previously
• Active military service: You are on active duty or within 90 days of release
• Already litigated: Another court already decided this matter

You cannot use inability to pay as a defense. The court does not care if you are broke. You can be broke and still owe the debt.

Choose defenses that apply to your situation. Provide evidence when possible.

Step 4: File and Serve Your Answer

You must file your Answer with the court and serve a copy on the plaintiff. Both must happen within 21 days.

Filing means delivering your Answer to the court clerk. You can mail it, deliver it in person, or file electronically if available.

Serving means delivering a copy to the plaintiff’s attorney. Check the summons for their address. Mail it or have someone over 18 (not you) hand-deliver it.

Keep proof of service. You need documentation showing you served the plaintiff.

Our partner Solo handles filing and service for you. No trips to the courthouse. No figuring out service rules.

North Dakota Statute of Limitations on Debt

Every state sets time limits for debt collection lawsuits. These limits protect you from being sued forever.

In North Dakota, most consumer debts have a six-year statute of limitations. After six years of no payments, the debt becomes time-barred. Collectors cannot sue you.

Here are the specific deadlines:

The clock starts from your last payment or last account activity. Making even a small payment restarts the clock.

Acknowledging the debt in writing also restarts the clock. Be very careful what you say to collectors.

If your debt is past the statute of limitations, raise this as an affirmative defense. The court should dismiss the case.

North Dakota Debt Collection Laws Protect You

Collectors can call you. They can send letters. They can sue you.

But they cannot harass you. They cannot lie to you. They cannot abuse you.

State Law Protections

North Dakota Century Code Title 13-05 regulates debt collectors. The law prohibits:

• Harassment and threats
• False or misleading statements
• Unfair practices
• Calling at unreasonable hours

Collectors must provide debt verification when you request it in writing. They must tell you the amount owed, the original creditor’s name, and provide proof.

Licensing Requirements

Every debt collection agency in North Dakota must hold an active license. Unlicensed collection is a felony.

Before responding to any collector, verify their license with the North Dakota Department of Financial Institutions.

Federal Law Protections

The Fair Debt Collection Practices Act (FDCPA) protects you nationwide. Collectors cannot:

• Call before 8 AM or after 9 PM
• Call you at work after you tell them not to
• Discuss your debt with others
• Threaten actions they cannot legally take
• Use profane or abusive language

What to Do If a Collector Violates Your Rights

Document everything. Save voicemails, letters, emails, and text messages.

Review the FDCPA and North Dakota law to confirm a violation occurred.

Contact the collector to request they stop the illegal behavior. Do this in writing.

File complaints with:

• North Dakota Attorney General’s Consumer Protection Division
• Consumer Financial Protection Bureau

You can also sue the collector. FDCPA violations can result in damages up to $1,000 plus attorney fees.

How to Settle Your Debt in North Dakota

You do not have to fight the lawsuit or pay the full amount. You can negotiate a settlement.

Debt settlement means paying less than you owe. The creditor agrees to accept a reduced amount as payment in full.

When Settlement Makes Sense

Consider settlement if:

• You cannot afford the full debt
• The collector has a strong case against you
• You want to avoid a judgment
• You have some money available now

Settlement stops collection calls. It prevents wage garnishment. It gives you a fresh start.

Three Steps to Settle Debt

First, respond to the lawsuit. Collectors rarely settle if they expect a default judgment. File your Answer within 21 days. Show them you will fight.

Second, analyze your finances. How much can you afford? Look at your savings and income minus expenses. Be realistic.

Start by offering 40-60% of the balance. If dealing with the original creditor, offer 60%. If dealing with a debt buyer, start at 40%.

Only offer what you can actually pay. Missing a settlement payment restarts the lawsuit.

Third, get everything in writing. Never make a payment without a written settlement agreement.

The agreement must include:

• The settlement amount
• The payment deadline
• Where to send payment
• Statement that payment settles the debt in full
• Agreement to dismiss the lawsuit
• Both signatures and dates

Consider getting the agreement notarized. Extra protection never hurts.

Check Your North Dakota Court Case Status

You can track your case online. North Dakota makes court records publicly available.

Visit the North Dakota public search portal. Search by your name, case number, or the creditor’s name.

You need to select your county. Enter your full legal name exactly as it appears on the summons.

The system shows:

• Case filing date
• Court location
• Parties involved
• Filed documents
• Upcoming hearings
• Case status

Check your case regularly. Watch for hearing dates. Download copies of all documents.

You can also call the court clerk for case information. Find contact numbers in the North Dakota court directory.

Stop Wage Garnishment in North Dakota

Wage garnishment happens after a collector wins a judgment against you. The court orders your employer to withhold money from each paycheck.

North Dakota limits how much can be garnished. You keep at least:

• 75% of your disposable income, OR
• 40 times the federal minimum wage per week (currently $290)

Whichever amount is greater stays in your pocket.

Exemptions and Protections

Certain income is exempt from garnishment:

• Social Security benefits
• Disability benefits
• Veterans benefits
• Workers compensation
• Unemployment benefits
• Child support received

If you are head of household (providing more than half the support for dependents), you may qualify for additional protection.

How to Challenge a Garnishment

You can object to wage garnishment if:

• The debt amount is wrong
• Your income is exempt
• The garnishment amount exceeds legal limits
• You did not receive proper notice
• The debt was discharged in bankruptcy

File a claim of exemption with the court. Provide documentation supporting your claim. The court will schedule a hearing.

Act quickly. You typically have 14 days to file your exemption claim.

Negotiate a Better Solution

Contact the creditor about alternative arrangements. They might accept:

• A lump-sum settlement for less than you owe
• A payment plan without garnishment
• Reduced monthly payments

Creditors prefer getting paid without the hassle of garnishment. They often negotiate.

North Dakota Debt Relief Options

Drowning in debt? You have several paths to relief.

Debt Settlement

We covered this above. Settlement means paying less than the full balance. You negotiate with creditors for a reduced payoff amount.

Pros: Eliminates debt faster, costs less than paying in full, stops collection calls.

Cons: Damages your credit temporarily, forgiven debt might be taxable income.

Credit Counseling and Debt Management

Credit counseling agencies help you create a budget and payment plan. They negotiate with creditors for lower interest rates.

You make one monthly payment to the agency. They distribute it to your creditors.

Pros: Lower interest rates, one monthly payment, professional guidance.

Cons: Takes 3-5 years typically, requires regular payments, some fees apply.

Bankruptcy

Bankruptcy eliminates most unsecured debts. Chapter 7 wipes out debt in 3-4 months. Chapter 13 creates a 3-5 year payment plan.

Pros: Stops lawsuits immediately, eliminates most debt, fresh financial start.

Cons: Severe credit impact, some assets may be sold, public record.

North Dakota Assistance Programs

The state offers financial assistance programs:

• Helping Housing Across North Dakota (HAND)
• Temporary Assistance for Needy Families (TANF)
• Child Care Assistance Program
• Children’s Health Insurance Program (CHIP)
• Low Income Home Energy Assistance (LIHEAP)

These programs help with housing, food, childcare, healthcare, and utilities while you recover financially.

Get Free Legal Help in North Dakota

Cannot afford an attorney? Legal Services of North Dakota provides free legal assistance to qualifying residents.

They help with debt collection lawsuits, bankruptcy, consumer protection issues, and more.

Income limits apply. If you qualify, you get free representation from experienced attorneys.

Your Next Steps

You received a debt collection summons. Now you know what to do.

Calendar your deadline. You have 21 days from service.

Gather your documents. Find the summons, complaint, and any debt records you have.

Decide your response strategy. Will you fight the lawsuit? Negotiate settlement? File bankruptcy?

Create your Answer. Use our partner Solo or the court forms.

File with the court and serve the plaintiff. Do both before your deadline.

The most important thing? Take action now. Waiting makes everything worse. Responding protects your rights and your money.