4 Ways to Get Help Responding to a Debt Collection Lawsuit

You check your mail and freeze. You've been sued by a debt collector. The Summons and Complaint stare back at you, dense with legal jargon and a deadline that's already counting down.

Most states give you just 14 to 35 days to file an Answer. Miss that window and you lose automatically. The court enters a default judgment, the creditor can garnish your wages, and your bank account becomes fair game. No negotiation. No payment plan. Just immediate enforcement.

You need to respond. But if you're not a lawyer, drafting a legal document feels impossible. The good news: you don't have to do this alone, and you don't necessarily need to spend thousands of dollars.

Why Your Deadline Matters More Than You Think

Once you're served, the clock starts. Depending on your state and how you were served (hand delivery, certified mail, substitute service), you might have anywhere from 14 to 35 days to file your Answer with the court.

If you miss that deadline, the plaintiff wins by default. This isn't a technicality—it's a judgment against you with real consequences:

• The creditor can garnish up to 25% of your disposable wages (more in some states)
• They can freeze or levy your bank account
• They can place a lien on your property
• You lose any chance to negotiate a settlement for less than you owe

Default judgments are notoriously hard to undo. Some states allow you to file a motion to vacate if you have a compelling reason (like never receiving proper service), but that requires proving the court made an error. It's a steep uphill battle.

Bottom line: respond before the deadline. Even a simple, generic Answer is better than silence.

Option 1: Hire a Consumer Rights Attorney

If you can swing it, hiring an attorney gives you the strongest defense. Consumer rights lawyers know how to spot violations of the Fair Debt Collection Practices Act (FDCPA), identify procedural errors in the lawsuit, and negotiate aggressively on your behalf.

What an attorney does:

• Reviews the Complaint for defects (missing documentation, incorrect amounts, expired statute of limitations)
• Drafts and files your Answer with specific affirmative defenses
• Handles service of your Answer to the plaintiff's attorney
• Represents you in court if the case goes to trial
• Negotiates settlements, often for 30-50% of the original debt

The catch: cost. Attorney fees for debt collection defense range from $500 to $2,500, depending on your location and the complexity of your case. A straightforward Answer might cost $750 to $1,200. If the case goes to trial, you're looking at several thousand dollars.

That said, some consumer attorneys work on contingency if they believe the debt collector violated federal law. If your case involves harassment, misrepresentation, or improper service, you might pay nothing upfront. The attorney collects their fee from the damages they win for you.

Where to find one: Search for consumer rights attorneys through the National Association of Consumer Advocates (NACA) at consumeradvocates.org. Filter by your state and look for lawyers who handle debt collection defense.

Option 2: Use an Online Answer Service

Can't afford a lawyer? Online services bridge the gap. These platforms walk you through a questionnaire, then auto-generate a legally formatted Answer based on your responses. Some also handle filing and service for you.

How it works:

• You upload your Summons and Complaint
• You answer questions about the debt (Do you owe it? Is the amount correct? Has the statute of limitations expired?)
• The platform generates your Answer with standard affirmative defenses
• You review, approve, and the service files it with the court

Cost is typically $150 to $350, including court filing fees. That's a fraction of what an attorney charges.

The downside: these are template-driven. You won't get custom legal strategy or representation in court. If your case is complex (multiple creditors, disputed debt, FDCPA violations), a human attorney is worth the investment.

But for straightforward cases where you need a timely, professional Answer, online services work. They're especially useful if you're planning to negotiate a settlement and just need to buy time by filing your Answer.

Option 3: Apply for Free Legal Aid

Legal aid organizations provide free or sliding-scale legal help to low-income individuals. If you're below a certain income threshold (usually 125-200% of the federal poverty level), you likely qualify.

What legal aid offers varies by organization and funding:

• Full representation: An attorney handles your entire case from Answer to trial
• Limited-scope help: A lawyer reviews your documents and advises you, but you file the Answer yourself
• Self-help resources: Workshops, templates, and instructions for DIY filing

The challenge: demand far exceeds capacity. Legal aid offices are overwhelmed. You might get turned away if your case isn't deemed urgent or if the organization doesn't have resources.

How to apply:

• Visit LawHelp.org and enter your zip code to find local programs
• Call your state's bar association and ask for their legal aid referral line
• Contact your county's courthouse and ask for the legal self-help center

Act fast. Legal aid intake can take days or weeks. If your Answer deadline is 10 days away, you can't afford to wait. Apply immediately and have a backup plan ready.

Option 4: Ask the Court Clerk (But Know Their Limits)

Court clerks are underrated resources. They can't give you legal advice,that's unauthorized practice of law,but they can explain court procedures, provide forms, and clarify deadlines.

What a court clerk CAN do:

• Tell you where to file your Answer and what forms to use
• Explain your county's filing fees and payment options
• Show you how to properly serve the plaintiff's attorney
• Direct you to the courthouse's self-help center or law library

What they CAN'T do:

• Tell you what affirmative defenses to raise
• Advise you whether to admit or deny specific allegations
• Recommend whether to settle or fight the case

If you're drafting your own Answer, visit the courthouse in person. Many courts have self-help centers with sample forms and instructional guides. Some even offer brief consultations with volunteer attorneys.

You're in the driver's seat here. The clerk is your GPS. They'll tell you how to get to the destination, but they won't tell you whether the destination is the right choice.

What If You Can't Afford Any of These Options?

If you're truly out of options,no money for a service, no legal aid available, deadline looming,you can still file a pro se (self-represented) Answer.

It's not ideal, but it's better than a default judgment.

Start by visiting your court's website. Most have Answer templates specifically for debt collection cases. Download the form, fill it out, and file it before your deadline. At minimum, you'll preserve your right to defend yourself and negotiate.

If the debt is overwhelming and you're facing multiple lawsuits, bankruptcy might be the reset you need. Chapter 7 wipes out most unsecured debts in 4-6 months. Chapter 13 reorganizes your debts into a 3-5 year payment plan.

Both options stop lawsuits immediately through the automatic stay. Creditors must cease all collection activity, including garnishments. You can check if you qualify for bankruptcy in under two minutes.

The Biggest Mistake You Can Make

Ignoring the lawsuit.

You won't make it go away by pretending it doesn't exist. Default judgments follow you for years. In most states, creditors have 10 to 20 years to collect on a judgment. That's a decade of wage garnishments, frozen bank accounts, and credit damage.

Once a judgment is entered, your leverage evaporates. Before judgment, creditors often settle for 40-60% of the balance because litigation is expensive. After judgment, they have zero incentive to negotiate. They've already won.

Even if you think the debt is legitimate and you can't afford to pay it, file an Answer. Buying yourself time to negotiate or explore bankruptcy is worth the effort.

What Happens After You File Your Answer?

Filing your Answer doesn't end the lawsuit,it starts the next phase. Here's what typically follows:

1. Discovery: Both sides exchange documents and information. The plaintiff might send you requests for admissions or interrogatories (written questions you must answer under oath).

2. Settlement negotiations: Many debt collection cases settle before trial. The plaintiff's attorney might reach out to discuss payment arrangements. You have leverage now. Offer a lump sum for 30-50% less than the claimed amount.

3. Court hearings: If you don't settle, the case proceeds to mediation or trial. If you represented yourself up to this point, consider hiring an attorney just for the hearing. Many offer limited-scope representation for trial prep and court appearances.

4. Judgment or dismissal: If the plaintiff can't prove their case (missing documentation, blown statute of limitations, improper service), the case gets dismissed. If they win, the court enters a judgment for the debt amount plus interest and court costs.

You've got options at every stage. Filing your Answer is just the first move.

One More Thing: Check the Statute of Limitations

Before you stress about responding, verify that the debt isn't time-barred. Every state has a statute of limitations on debt,typically 3 to 6 years from the date of your last payment or charge.

If the statute has expired, the debt is legally unenforceable. You can raise this as an affirmative defense in your Answer, and the case should be dismissed.

Check your state's statute of limitations on contract debt. If the lawsuit is based on a debt older than the limit, make sure your Answer explicitly states: "The statute of limitations has expired, barring recovery on this claim."

That one sentence can end the case before it begins.

Been sued and not sure what to do next? You don't have to figure this out alone. Start by checking your deadline, then pick the option that fits your budget and timeline. Whether it's hiring an attorney, using an online service, or filing pro se with help from legal aid, responding is the most important step you can take.