How to Answer a Debt Collection Lawsuit and Win Your Case

More than 70 million Americans face debt collection lawsuits. You can fight back and win.

A lawsuit from a debt collector feels overwhelming. But you have rights. You have defenses. And you can protect yourself when you respond correctly.

Winning your debt lawsuit requires three key actions:

• Respond before the deadline expires
• File your Answer document professionally
• Assert your affirmative defenses strategically

Here’s exactly what you need to do at each step.

Respond Quickly to Avoid Default Judgment

Filing your Answer on time is absolutely critical. Miss the deadline and you risk a default judgment against you.

Even if you owe the debt and can’t pay it now, you must still respond. A default judgment gives collectors power to garnish your wages. They can take money directly from your bank account.

Default judgments come with extra costs too. You may face attorney fees, court costs, and additional interest. These charges can double or triple your original debt amount.

You typically have 14 to 30 days to respond. Check your summons for the exact deadline. Circle the date on your calendar right now.

How to Write Your Answer Document

The collection agency is the plaintiff in your lawsuit. You are the defendant. You cannot respond by phone or letter anymore.

You must file a written, legal Answer document. Follow these six proven tips:

Keep Your Answer Brief and Direct

Your Answer is not the place for your life story. Save detailed explanations for later. Be concise and stick to the facts.

Never Admit Liability for the Debt

The Complaint contains numbered paragraphs. You must respond to each one. You have three response options: admit, deny, or deny for lack of knowledge.

Attorneys recommend you deny whenever possible. Make the plaintiff prove you owe the debt. They must provide evidence, not you.

Include Your Affirmative Defenses

Affirmative defenses explain why the plaintiff is wrong to sue you. Assert these defenses for each relevant paragraph.

Common affirmative defenses include:

• You don’t owe this debt at all
• You already paid some or all of it
• The statute of limitations has expired
• The plaintiff lacks proof of the debt
• The amount claimed is incorrect

Use Proper Court Formatting

Court documents require specific formatting. Your Answer must include:

• Your full name and contact information
• Your physical and email address
• Name of the court
• Identity of the plaintiff
• Case title and serial number
• Proper spacing and page format

Professional formatting shows you take the lawsuit seriously. Courts may reject improperly formatted documents.

Add a Certificate of Service

Your Certificate of Service is a brief document containing:

• Name of the court
• Name of the plaintiff
• Date you’re sending the Answer

If the plaintiff has an attorney, serve the attorney instead of the company directly.

Sign Your Document

An unsigned document is worthless in court. Your signature confirms everything you stated is true and accurate.

You can print and sign manually or use an electronic signature. Either method works as long as it’s your legal signature.

File Your Answer With the Court

Make two copies of your completed Answer. Send one to the court clerk. Send the other to the plaintiff or their attorney.

Use certified mail for both copies. You’ll receive confirmation when each party gets their mail. Save these receipts as proof of delivery.

File before your deadline expires. Missing the deadline equals not responding at all. You’ll lose by default.

Need help responding to your lawsuit? Our partner Solo can guide you through the entire process and help you file your Answer correctly.

Defense Strategies That Win Debt Lawsuits

Challenge Their Right to Sue You

Many debt collectors buy old debts for pennies on the dollar. Your debt may have changed hands multiple times. Important documentation often gets lost along the way.

Make the collector prove they own your debt. They must show accurate information and legal standing to sue. Many collectors cannot provide this proof.

You can only challenge their right to sue if you respond. Default judgments skip this verification step entirely. The court assumes they have the right when you don’t show up.

Demand Complete Documentation

Request documentation in your Answer or at your court hearing. Judges typically grant this request.

The plaintiff must provide:

• Your original credit agreement with your signature
• Complete chain of custody documentation
• Proof showing where your debt originated
• Records of who bought and sold the debt
• Evidence that you actually owe the amount claimed

Many debt collectors cannot produce these documents. Missing documentation often leads to case dismissals.

Force Them to Meet Their Burden of Proof

The law requires plaintiffs to prove three things:

• You are responsible for this specific debt
• They have legal standing to sue you
• You owe the exact amount they claim

Push back on every element. Demand proof of the original amount. Ask them to explain every fee and interest charge. Make them show how the balance grew over time.

Weak documentation means a weak case against you. Many collectors drop lawsuits when defendants challenge their proof.

Check the Statute of Limitations

Every state has time limits for debt collection lawsuits. Most statutes of limitations run between four and six years. After that period expires, your debt becomes time-barred.

Collectors can still ask you to pay time-barred debt. But they cannot legally sue you in court. Your Answer should assert this defense if applicable.

The clock starts on your last account activity. Using your credit card or making a payment restarts the statute of limitations. Never make payments on old debts during active lawsuits.

Example: Sarah stopped paying her credit card in March 2015. A debt collector sued her in August 2022. Her state has a five-year statute of limitations. Sarah’s debt is time-barred. The collector cannot legally sue her, even though they can still request payment.

Consider Filing a Countersuit

Debt collectors must follow the Fair Debt Collection Practices Act (FDCPA). If they violated your rights, you can sue them back.

FDCPA violations include:

• Calling before 8 AM or after 9 PM
• Contacting you at work after you said not to
• Using abusive or threatening language
• Sharing your debt with other people
• Misrepresenting the amount you owe
• Threatening illegal actions

Courts can award you up to $1,000 per violation plus attorney fees. Many consumer attorneys take FDCPA cases for free. The collector may end up paying you instead.

Negotiate a Settlement Offer

Settlement negotiations can resolve your lawsuit quickly. Most collectors prefer settlement over lengthy court battles.

Original creditors often settle for 20% to 70% of the debt. Debt buyers typically settle for 10% to 60% of the amount.

Start your settlement offer low. You can always negotiate upward. Get any agreement in writing before sending payment. Make sure the agreement includes dismissal of the lawsuit.

Never agree to payment plans you cannot afford. Break a settlement agreement and you’ll face worse consequences. Be realistic about what you can pay.

Respond to your lawsuit first, then negotiate settlement. Answer the lawsuit to protect yourself while settlement talks proceed.

Your Financial Future Depends on Your Response

Debt lawsuits affect your credit score for years. Judgments make it harder to rent apartments, get loans, or open bank accounts.

You can fight back successfully when you respond properly. Thousands of defendants win their cases by filing strong Answers. You have powerful defenses available to you.

Don’t let collectors intimidate you into silence. Your response protects your wages, your bank accounts, and your future. Take action before your deadline expires.

Need help responding to your debt lawsuit? Our partner Solo provides step-by-step guidance to help you file your Answer correctly and assert your strongest defenses.