How To Answer a Debt Collection Summons in Washington State

About a quarter of all Americans have at least one debt in collections. Once your account reaches a debt collector, you’ll receive phone calls and written notices. If you ignore these collection efforts, the creditor or debt collector may file a debt collection lawsuit against you.

You can fight back. Washington state gives you clear steps to respond and defend yourself.

How Debt Collection Lawsuits Work in Washington

In Washington state, debt collection cases get filed in either district or superior court. Every county has both types of courts.

District courts hear claims up to $75,000. The small claims division handles claims up to $5,000 and has simpler procedures.

Most debt collection cases land in district court. Superior courts also hear these cases. Regardless of where your case appears, read all court papers carefully and follow instructions promptly.

Understanding Your Summons and Complaint

A summons and complaint are official court documents you receive when someone sues you.

The summons notifies you about the lawsuit. You’ll see the deadline to respond and which court handles your case.

The complaint outlines the allegations against you. The plaintiff (the person or company suing you) lists claims about your debt. You’ll see how much they think you owe and why.

The complaint also explains what the debt collector wants. Usually, they seek a court-ordered money judgment. The judgment amount could include the debt, accrued interest, and legal costs.

You should receive the summons and complaint by personal service. Either the sheriff’s office or a private process server hand-delivers these documents to you.

Service by certified mail can happen only if personal service fails. The plaintiff must file a motion and get a court order first.

How To Respond to Your Washington Debt Collection Summons

In Washington state, you need to file both an answer form and a notice of appearance form. Not acknowledging your lawsuit almost guarantees you’ll lose. Default judgments have serious consequences.

You have four main steps to respond:

• Fill out an answer and appearance form
• Complete a certificate of service form
• File your forms with the court within 20 days
• Deliver a copy to the plaintiff

If you need help responding but can’t afford a lawyer, our partner Solo can guide you through the process. They’ve helped 280,000 people respond to debt lawsuits and settle for less.

Filling Out Your Answer and Appearance Forms

The first two forms you’ll complete are the notice of appearance and written answer. The notice of appearance tells the court you acknowledge the lawsuit and plan to appear. Your written answer lets you explain your side and present defenses.

WashingtonLawHelp.org provides excellent resources with instructions and forms you can use. The court listed on your summons may also have forms on its website.

Step 1: Address Each Complaint Allegation

Complaints contain numbered paragraphs with allegations against you. You must address each allegation by number. You have three response options:

• Admitting means you agree with the statement
• Denying means you disagree with the statement
• Claiming lack of knowledge means you don’t know if the statement is true

In Washington’s answer form, you group responses by type. All admissions go in the first section. All denials go in the second section. All “lack of knowledge” responses go in the last section. Make sure your responses match the numbered paragraphs in the complaint.

Step 2: Raise Your Defenses and Counterclaims

After addressing each statement, you can raise affirmative defenses. An affirmative defense explains why you shouldn’t have to pay the debt. These defenses are usually based on information the plaintiff didn’t include in their complaint.

Common affirmative defenses include:

• You already paid the debt
• The debt was discharged in bankruptcy
• The statute of limitations has expired
• Your debt was from medical bills and you’re eligible for Charity Care

If you’re unsure how to navigate the process, the Northwest Justice Project may be able to help. They offer free legal assistance and connect individuals to other legal aid providers throughout Washington.

Step 3: Complete the Notice of Appearance

While you can file the notice of appearance form alone, filing it alongside your answer makes the most sense. The notice of appearance does exactly what it sounds like: notifies the court you will appear in the lawsuit.

WashingtonLawHelp.org provides a template you can follow.

Step 4: Complete the Certificate of Service

You must send a copy of both your answer form and notice of appearance to the plaintiff. This lets them know you’re responding to and potentially contesting their claims.

In the certificate of service form, you indicate the delivery method. You can hand-deliver the copy to the plaintiff (or their lawyer) or send it through first-class mail. You can find the plaintiff’s name and address on the summons you received.

To “serve” means to deliver in legal terms. You’re required to serve your answer form on the plaintiff at the address listed on the court summons. Often this will be an attorney representing the creditor or debt collector.

Step 5: File Your Forms Within 20 Days

After filling out the answer and appearance forms, make two copies. In total, you’ll have three sets:

1. File the original with the court clerk
2. Serve one copy on the plaintiff
3. Keep a copy for your records

You have to file your answer, appearance, and certificate of service forms within 20 days of receiving the summons. File your forms in the court named at the top of your summons.

What Happens After You Respond

After you file your notice of appearance, the judge will set a hearing date. You’ll receive notice by mail, electronically, or both, depending on the court and county.

If you don’t file at least a notice of appearance within 20 days, the court can enter a default judgment against you. A default judgment means you lose the case automatically.

You must appear in court on your hearing date. The trial may happen that day. Or the court may review the claims and defenses and set the case for trial later. You should be ready to defend your case and explain your side on the first hearing date.

How To Prepare for Court Appearances

Many people feel intimidated by the court system. You can increase your confidence by preparing and following best practices:

• Arrive early for your hearing
• Speak respectfully to the judge and others
• Dress professionally
• Be organized and bring copies of relevant documents

What Happens If You Don’t Respond

The most important thing you can do in a debt lawsuit is acknowledge it and take action. If you ignore the lawsuit, it won’t just go away. Instead, you’ll likely lose the case and have a default judgment issued against you.

A default judgment allows the person or company suing you to request a court order for wage garnishment, a bank account levy, or a property lien.

Debt collectors count on you not showing up to court or responding. If you take action and respond to the lawsuit, our partner Solo can help you fight back and potentially win your case.

What To Do If You Already Have a Default Judgment

If a default judgment has already been ordered against you, you can file a motion to vacate the judgment. To vacate means to cancel the judgment ordered.

WashingtonLawHelp.org has helpful forms and instructions on their website.

Free Legal Help in Washington State

• WashingtonLawHelp.org has self-help guides and resources online plus a comprehensive legal aid directory with links to local and statewide resources
• King County Bar Association provides free legal clinic aid to low-income King County residents
• Washington State Bar Association has an online hub with links to local and statewide legal aid resources
• Northwest Justice Project provides legal assistance to low-income residents statewide
• Washington Pro Bono Council connects residents to legal aid resources and providers in their area