How to Answer a Debt Collection Summons in Vermont (2025)
You must respond to a Vermont debt collection lawsuit within 21 days or face a default judgment. File an Answer denying claims and asserting affirmative defenses like expired statute of limitations or lack of standing. There's no filing fee, and you can settle the debt for less than you owe through negotiation.
Answer Your LawsuitYou have 21 days to respond to a debt collection lawsuit in Vermont civil courts. Some exceptions exist, so keep reading. Good news: there’s no filing fee for your Answer.
Vermont residents face financial difficulties during economic downturns, just like everyone else. Unpaid bills and mounting credit card balances can happen to anyone.
Respond to Your Vermont Debt Lawsuit in 15 Minutes
Don't let debt collectors win by default. You have 21 days to file your Answer in Vermont. Our partner Solo helps you respond to the summons with a professional Answer that includes your defenses.
Draft Your Answer NowWhen you fall behind on payments, creditors will contact you repeatedly. They may call, email, and send letters demanding payment. Many creditors sell unpaid debts to collection agencies. These agencies pursue payment even more aggressively. If the debt remains unpaid, they file a lawsuit.
You need to know how to respond to a debt collection lawsuit in Vermont. We’ll cover deadlines, fees, forms, and every step you must take.
File Your Answer Before the Vermont Deadline
You have 21 days to respond to a debt lawsuit in Vermont. Missing this deadline means trouble.
The court will issue a default judgment against you if you don’t respond. A default judgment means the court decides in favor of the debt collector. You lose automatically because you didn’t show up to defend yourself.
The debt collector can then pursue extreme collection measures. They can garnish your wages, levy your bank account, or place a lien on your property.
Vermont Rules of Civil Procedure Rule 12(a)(1) sets the timeline. You must serve your Answer within 21 days after receiving the summons and complaint. The court may change this deadline when service happens under special circumstances.
You get 49 days if you were served outside the continental United States or Canada. If you submit a request for waiver of service, you have 60 days. Service outside the US gives you 90 days.
Small claims court has different rules. You have 30 days to respond to a small claims complaint.
Use Vermont’s Answer to Summons Forms
An Answer is your written response to the allegations against you. You must read the Summons and Complaint carefully before preparing your Answer.
You can use our partner Solo to create your Answer in minutes. Just answer questions about your case. The software generates a professional Answer using proper legal language. Your Answer includes sections for responses and affirmative defenses.
Vermont also provides a statewide Answer form (100-00051). You can download it from the Vermont Judiciary website.
There Is No Fee to File an Answer in Vermont
You pay nothing to file an Answer in Vermont. Zero. Nada.
However, you’ll pay $120 to file an appeal, cross-claim, or third-party claim. Check Vermont’s fee schedule for other document filing costs.
Follow These Steps to Respond to a Debt Collection Case
You’ll receive a court Summons and Complaint when sued for debt in Vermont. The Summons notifies you of the case. The Complaint lists the specific allegations against you.
The plaintiff must properly serve these documents on you. The plaintiff is the party suing you. You are the defendant.
Follow these three steps to respond:
- Answer each issue in the Complaint
- Assert your affirmative defenses
- File the Answer with the court and serve the plaintiff
Step 1: Answer Each Issue in the Complaint
Vermont Rules of Civil Procedure Rule 8(b) requires you to respond to each claim. You must admit or deny every allegation the plaintiff makes.
You have three possible responses to each claim:
- Admit: You agree the statement is true
- Deny: You force the plaintiff to prove the claim
- Deny due to lack of knowledge: You don’t have enough information to confirm or deny
Most lawyers recommend denying as many claims as possible. A general denial forces the plaintiff to prove everything. If they can’t prove their claims, they might dismiss the case.
Use “deny due to lack of knowledge” when you don’t have records or documents. You’re not lying. You simply don’t have the information to confirm the claim.
Step 2: Assert Your Affirmative Defenses
An affirmative defense is evidence that stops the plaintiff from winning. You must include these defenses in your initial Answer. Choose your defenses carefully because you’ll need to prove them.
Here are the most common affirmative defenses in debt collection cases:
- Identity theft: The debt resulted from stolen identity. File a police report and get credit reports. Submit these as evidence.
- Partial or complete payment: You already paid part or all of the debt. Prove your payments with bank statements or receipts.
- Statute of limitations expired: The debt is too old to sue over. Vermont’s statute of limitations ranges from six to fourteen years.
- Lack of standing: The debt collector has no legal right to sue you. They must prove they legally own your debt.
- Debt discharged in bankruptcy: You eliminated this debt through bankruptcy proceedings. Court records prove this defense.
- Failure to state cause of action: The complaint doesn’t properly explain why you owe the debt.
Vermont doesn’t require licensing for debt collection agencies. You cannot use lack of licensure as a defense. However, collectors must comply with federal and Vermont debt collection laws.
Step 3: File the Answer and Serve the Plaintiff
You must file your Answer before the 21-day deadline passes. Send one copy to the plaintiff or their attorney. Send another copy to the court. Keep a third copy for yourself.
The attorney’s address appears on the Summons and Complaint. Finding the correct court address takes more research. Our partner Solo handles all the filing research for you.
Answer a Debt Lawsuit in Vermont Small Claims Court
Your case goes to small claims court if you owe less than $5,000. Amounts above $5,000 belong in the Civil Division.
Small claims court simplifies your case and saves you money. Cases get scheduled faster. You don’t need an attorney. Jury trials aren’t permitted.
You have 30 days to respond to a small claims lawsuit. You’ll receive an Answer form with your lawsuit papers. Use Vermont’s small claims Answer form (100-00126) if you don’t receive one.
Follow these steps for small claims:
- Read the Complaint and respond to each allegation on the form
- Check the income exempt box if applicable
- Complete the counterclaim section if the creditor owes you money
- File the Answer with the court listed on the Summons
- Send a copy to the plaintiff
- Complete a Certificate of Service proving you served the plaintiff
You can attach additional sheets if your responses don’t fit on the form.
Vermont Statute of Limitations on Debt Sets Lawsuit Deadlines
Vermont’s statute of limitations varies by debt type. Debt collectors cannot sue you after this deadline passes.
| Debt Type | Deadline |
|---|---|
| Oral contract | 6 years |
| Credit card | 8 years |
| Medical | 8 years |
| Auto loan | 8 years |
| Student loan | 8 years |
| Personal loan | 8 years |
| Judgment | 8 years |
| Mortgage | 14 years |
Most Vermont debts have an eight-year statute of limitations. Mortgages have a fourteen-year limit.
Making any payment on a time-barred debt restarts the statute of limitations. Check your debt’s age before making any payments.
Always respond to a lawsuit even if the statute of limitations has expired. File an Answer and raise the expired statute as an affirmative defense.
Debt Collection Laws in Vermont Protect You
Vermont protects consumers through the Vermont Consumer Protection Rule and the Fair Debt Collection Practices Act.
Here’s what debt collectors cannot do:
- Threaten or coerce you: Collectors cannot threaten violence, claim you committed a crime, or falsely threaten to seize your assets.
- Harass you: Collectors cannot use offensive language, call excessively, or call you at work after you’ve told them to stop.
- Share your debt information: Collectors cannot tell family members, friends, colleagues, or employers about your debt.
- Misrepresent themselves: Collectors must identify themselves correctly. They cannot pretend to be government officials or give false information.
Report violations to the Federal Trade Commission, Better Business Bureau, or Consumer Financial Protection Bureau.
Settle Your Debt in Vermont
Debt settlement helps thousands of Vermonters escape debt. You ask creditors to accept less than the full amount owed.
Creditors often agree because partial payment beats no payment. They may want to close your account and move on.
Follow these three steps to settle:
- Draft and file an Answer: Never skip this step. File your Answer before approaching the creditor. Otherwise, they may get a default judgment and garnish your wages.
- Make a settlement offer: Offer to pay a percentage of the debt as full payment. Original creditors expect 50-60% of the balance. Third-party collectors may accept less because they bought your debt cheap.
- Get everything in writing: Never celebrate without a written agreement. Collectors may pursue the remaining balance later. Sign an agreement and keep it safe.
Our partner Solo helps you negotiate settlements safely. You can send offers, receive counteroffers, and finalize agreements through their secure platform.
Vermont Court Case Search: Find Your Lawsuit
Vermont offers three ways to access court records. You can search online, visit the courthouse, or mail a request with a money order.
Vermont has two court levels:
- Supreme Court: Hears appeals from the Superior Court
- Superior Court: Trial courts handling all civil cases, including small claims under $5,000
Your debt case likely belongs in Superior Court’s civil procedure division.
Court clerks assign case numbers starting with CV. The last digits show the year filed. The middle number is sequential.
Search online through the Vermont Judiciary Public Portal. You can search by case number or party name. An advanced search option helps narrow results.
You can also visit the courthouse in person. Public terminals let you search for your case. The clerk can help if you have trouble. You’ll pay a small fee for copies.
How to Get Debt Relief in Vermont
Vermont offers programs that help struggling consumers meet basic needs. You may find spare money to pay off debt.
Available programs include:
- Homeownership Preservation Foundation for mortgage assistance
- Vermont Homeownership Assistance for affordable housing
- Utility bill assistance programs
- Vermont Lifeline for discounted phone service
- Private Student Loan Relief programs
If you don’t qualify as low-income, try these debt relief strategies:
- Debt consolidation: Take one new loan with better terms to pay off multiple debts. You’ll have just one payment instead of several.
- Credit counseling services: Counselors teach budgeting, analyze your debts, and negotiate with creditors for better terms.
- Debt settlement: Offer creditors a lump sum payment for less than you owe. Our partner Solo can help you negotiate settlements.
Vermont Legal Aid Organizations Can Help You
Research legal aid organizations carefully before signing up. Many organizations genuinely help, but scams exist.
Legitimate Vermont legal aid organizations:
- The United Way: National organization with Vermont chapters offering financial support and debt relief resources
- GreenPath: Provides free phone debt counseling and financial education
- Credit.org and National Foundation for Credit Counseling: Connect you with certified debt counselors
- Vermont Department of Financial Regulation: Verifies licensure of debt consolidation agencies
Being sued creates stress and anxiety. Understanding Vermont’s laws and available resources helps you navigate debt situations successfully.
Consumer protection laws protect you from exploitative collectors. Filing a response keeps collectors at bay. Follow all required steps and meet the filing deadline.
What If I Haven’t Been Sued Yet?
You should respond with a Debt Validation Letter if you’ve only received collection notices.
A Debt Validation Letter forces collectors to prove you owe the debt. They must stop collection activities until they provide validation. Send this letter when any collector contacts you by phone or mail.
The collector cannot call you or continue collecting until they validate the debt. Many cases end here because collectors can’t prove ownership.
Stop Wage Garnishment in Vermont
Wage garnishment happens when creditors get court permission to take money from your paycheck. Creditors use this as a last resort.
Vermont law (12 V.S.A. § 3166–3172) protects your income. Creditors cannot take more than 25% of your disposable income. They can only garnish if your income exceeds thirty times the federal minimum wage ($7.25/hour).
Creditors must send a notice before starting garnishment. You can fight the garnishment order using these methods:
- Object to the garnishment: File an objection with the court. Valid reasons include not owing the debt, incorrect amount, excessive garnishment amount, or financial hardship.
- File for exemption: Show your income falls below the poverty line or that protected government benefits make up your income.
- Negotiate with the creditor: Offer a lump-sum payment for less than the full debt. Our partner Solo can help you negotiate favorable settlements.
If these options don’t work, consider filing for bankruptcy. Research Chapter 7 or Chapter 13 to see which fits your situation.