Defendant in a Debt Lawsuit: Your Rights and Response Options

If you’ve been sued for debt, you are the defendant. The person or company suing you is the plaintiff. You have specific rights and legal options available to you.

Here’s what you need to know right now. As the defendant, you don’t have to prove your innocence. The plaintiff must prove you actually owe the debt. The burden of proof lies with them, not you.

You can fight back and win. Many debt lawsuits are dismissed because plaintiffs can’t prove their case. You just need to respond the right way.

What Does It Mean to Be a Defendant?

A defendant is someone who’s been accused of owing a debt. In legal terms, you’re the party being sued. The company or person claiming you owe money is the plaintiff.

You’re not automatically liable just because someone filed a lawsuit. The plaintiff must prove their claims against you. Until they do, the law protects you.

You become liable only if you confirm the debt in writing. You can also become liable by acting in ways that acknowledge the debt. That’s why your response matters so much.

Understanding the Burden of Proof

The burden of proof means one party must prove their claims are valid. In debt lawsuits, the plaintiff carries this burden. They must prove you owe the money they claim.

The plaintiff needs to show evidence of the debt. They must prove the amount is correct. They need to demonstrate they have the right to collect from you.

You don’t have to prove you’re innocent. You simply need to challenge their claims and make them prove their case. Our partner Solo can help you do exactly that.

The Summons and Complaint: Your Official Notice

When you’re sued for debt, you receive two critical documents. The Summons and Complaint officially start the lawsuit. You must understand both to respond effectively.

The Summons Document

A Summons is an official court notice. It tells you that someone has filed a lawsuit against you. It requires you to appear in court or respond by a deadline.

The Summons includes vital information you need. You’ll find the court location and case number. It lists both parties involved and their contact information. Most importantly, it states your deadline to respond.

Never ignore this deadline. Missing it leads to serious consequences. You typically have 20 to 30 days to respond, depending on your state.

The Complaint Document

The Complaint lists the specific allegations against you. Plaintiffs present their claims in numbered paragraphs. Each paragraph makes a specific statement about the debt.

You’ll see details about the alleged debt amount. The Complaint identifies who you supposedly owe. It may include information about the original creditor and account details.

Read every paragraph carefully. You’ll need to respond to each allegation in your Answer. You can admit, deny, or state you lack knowledge about each claim.

Exhibits and Evidence

Exhibits come after the Complaint. These documents supposedly prove the plaintiff’s claims. Common exhibits include credit card statements and account agreements.

Review all exhibits thoroughly. Look for inconsistencies or missing information. Weak or incomplete exhibits give you strong grounds to challenge the lawsuit.

What Happens If You Don’t Respond?

Ignoring a court Summons is a critical mistake. When you fail to respond, you defy a court order. The judge will likely rule against you automatically.

Default Judgment Explained

A default judgment means the plaintiff wins without a fight. The court assumes you admit to all allegations. You lose your chance to challenge the debt or negotiate.

Default judgments have serious consequences. The plaintiff can pursue aggressive collection methods. They may seek wage garnishment, freeze your bank account, or place liens on your property.

Wage garnishment allows creditors to take money directly from your paycheck. Your employer deducts a portion of your earnings automatically. The money goes straight to the plaintiff until the debt is paid.

You can avoid all of this by responding on time. Our partner Solo helps you file an Answer in all 50 states quickly and correctly.

How to Respond to the Summons and Complaint

You respond by filing an Answer with the court. Your Answer addresses each allegation in the Complaint. You can admit, deny, or state you lack sufficient knowledge.

Denying the claims is usually your best strategy. When you deny allegations, the plaintiff must prove them. Many plaintiffs can’t provide adequate proof, especially debt buyers.

Never admit to owing the debt without verification. Even if you think you owe it, make them prove it first. The amount could be wrong, or they might lack proper documentation.

Your Response Options

You can deny all allegations in the Complaint. You force the plaintiff to prove every claim they make. Without solid proof, they can’t win.

You can admit some allegations and deny others. For example, you might confirm your address but deny the debt amount. Be strategic about what you admit.

You can state you lack sufficient knowledge to respond. Use this for claims you genuinely can’t confirm or deny. It’s legally valid and protects your position.

Settlement After Filing Your Answer

Filing an Answer doesn’t prevent settlement negotiations. In fact, it strengthens your position. You can negotiate from a place of power, not desperation.

Many plaintiffs settle for less than the claimed amount. They know taking cases to trial costs money and time. Your Answer shows you’re willing to fight.

Always get settlement agreements in writing. Never make payments without proper documentation. Written agreements protect you from future claims on the same debt.

Affirmative Defenses You Can Use

Affirmative defenses are legal reasons you should win the case. They challenge the plaintiff’s right to collect or the validity of the debt. Include these defenses in your Answer document.

Common Defenses That Work

Wrong Debt or Mistaken Identity: You’re not the person who owes this debt. Someone with a similar name or stolen identity created the debt. The plaintiff sued the wrong person.

Incorrect Amount: The debt amount is wrong or inflated. The plaintiff added improper fees or interest. You may owe something, but not the amount they claim.

Unknown Plaintiff: You don’t know who this company is. The original creditor sold the debt, but the buyer can’t prove ownership. They lack proper chain of title documentation.

Statute of Limitations Expired: The debt is too old to sue over. Each state has time limits for debt collection lawsuits. If your debt exceeds this limit, the case should be dismissed.

Already Paid or Settled: You already resolved this debt. You made payments or reached a previous agreement. Documentation proves the debt shouldn’t be in collections.

Bankruptcy Discharge: You included this debt in a bankruptcy filing. Discharged debts cannot be collected through lawsuits. The plaintiff violated bankruptcy protections by suing you.

State Statutes of Limitations for Debt

Every state sets time limits for debt collection lawsuits. These limits range from two to six years typically. The clock usually starts from your last payment or account activity.

If the statute of limitations expired, you have a complete defense. The plaintiff cannot legally collect through the court system. You must raise this defense in your Answer though.

Time-barred debt doesn’t disappear from your credit report automatically. Creditors might still attempt collection through other means. However, they cannot sue you successfully once the deadline passes.

Next Steps After Receiving a Summons

Act immediately when you receive debt lawsuit papers. Count your deadline from the date you were served. Don’t count from when the lawsuit was filed.

Gather all documents related to the alleged debt. Look for account statements, payment records, and previous correspondence. Evidence helps you build a strong defense.

Draft your Answer addressing each Complaint allegation. Include any affirmative defenses that apply to your situation. File your Answer with the court before your deadline expires.

Send a copy of your Answer to the plaintiff’s attorney. Most courts require you to serve the opposing party. Keep proof that you sent the documents properly.

Why You Should Always Respond

Responding to the lawsuit gives you control over the outcome. You can challenge weak evidence and questionable claims. Many debt buyers lack the documentation to win their cases.

You open the door to favorable settlements. Plaintiffs often reduce the debt amount significantly when defendants fight back. You might settle for 30-50% less than claimed.

You protect your wages and bank accounts. Active defendants avoid default judgments and aggressive collection tactics. You keep control of your finances.

Filing an Answer costs much less than dealing with a default judgment. Court filing fees range from $50 to $300 typically. Wage garnishment and bank levies cost you much more long-term.