Sued for Credit Card Debt? How to Answer a Summons in 2025

A process server just handed you a Summons and Complaint. Your credit card company is suing you for $8,000, $15,000, maybe more. Your chest is tight. You want to throw the papers in a drawer and pretend this isn't happening.

Don't. That deadline printed on the first page? It's real. Miss it and you lose by default. The court won't care that you were scared or confused. They'll authorize the creditor to garnish your wages or freeze your bank account.

But if you respond correctly, you force the creditor to prove their case. Most debt collectors can't. Here's how to file an Answer that protects your rights.

What You Just Received

The envelope contained two documents:

• The Summons: A one-page form from the court stating you're being sued. It lists the case number, court location, and your deadline to respond.
• The Complaint: The creditor's side of the story. It claims you owe X dollars, stopped paying on Y date, and now they want a judgment.

Check both documents for errors. Wrong name? Wrong amount? Note those. You'll use them in your Answer.

Your Deadline Is Shorter Than You Think

Most states give you 20 to 30 days from the date you were served (not the date the lawsuit was filed). A few states allow 14 days. Some grant 35.

Count business days only. Weekends and court holidays don't count in most jurisdictions, but don't rely on that. Call your county clerk's office and ask: "I was served on [date]. When is my Answer due?"

If your deadline falls on a weekend or holiday, it usually rolls to the next business day. Confirm this.

What happens if you miss the deadline? The creditor requests a default judgment. The judge signs it. Now they have a court order to collect from you for the next 10-20 years (depending on your state). They can:

• Garnish up to 25% of your paycheck
• Freeze your bank account
• Place a lien on property you own

Filing bankruptcy can stop this, but it's a nuclear option. Better to file an Answer first.

How to Write an Answer That Works

An Answer is a simple document. It responds to each numbered paragraph in the Complaint and lists your defenses. That's it. You're not writing a legal brief.

Step 1: Use the Court's Template (If Available)

Some courts provide fill-in-the-blank Answer forms. Check your court's website or call the clerk. If one exists, use it. It's pre-formatted and approved.

If not, you'll draft your own. Start with this heading:

[Your County] Court of [Your State]
Case No. [From the Summons]
[Plaintiff's Name] v. [Your Name]
ANSWER TO COMPLAINT

Step 2: Respond to Each Claim

The Complaint contains numbered paragraphs. Your Answer must address each one. You have three options:

• Admit: Only if the statement is undeniably true (your name, your old address).
• Deny: Use this for anything you're unsure of or that lacks proof.
• Deny for lack of knowledge: When you genuinely don't know if something is true.

Example from a real Complaint:

"3. On or about June 15, 2020, Defendant entered into a credit card agreement with Original Creditor."

Your Answer: "3. Denied for lack of sufficient knowledge."

Why deny? Because the creditor must prove you signed that agreement. Many debt buyers don't have the original contract. If they can't produce it, they can't win.

Deny these claims unless you have written proof in front of you:

• The exact date you opened the account
• The precise amount you owe
• That the plaintiff owns your debt
• That you breached the contract

Keep each response to one sentence. Do not explain. Do not apologize. Do not write "I was going through a hard time." The creditor's lawyer will use your words against you.

Step 3: Assert Affirmative Defenses

After responding to each paragraph, list your affirmative defenses. These are legal reasons the case should be dismissed, even if you owe the debt.

Common defenses:

• Statute of limitations: The debt is too old to sue over (varies by state, usually 3-6 years).
• Lack of standing: The plaintiff can't prove they own the debt.
• Failure to state a claim: The Complaint doesn't include required information.
• Payment: You already paid some or all of the debt.
• Identity theft: This isn't your debt.

List every defense that might apply. You don't need proof yet. Example language:

"AFFIRMATIVE DEFENSES
1. The statute of limitations has expired.
2. Plaintiff lacks standing to bring this action.
3. Plaintiff has failed to state a claim upon which relief can be granted."

End with: "WHEREFORE, Defendant requests this Court dismiss the Complaint with prejudice and award Defendant costs and attorney's fees."

Sign and date it.

Filing Your Answer

You must file your Answer with the court and send a copy to the plaintiff's attorney. The Summons lists both addresses.

File with the Court

Most courts accept filings in person, by mail, or online. Check your court's website. In-person is fastest because you get a stamped copy immediately.

Bring:

• Your original Answer (signed)
• Two copies (one for the court, one for you to keep stamped)
• Filing fee (usually $20-$100, though some courts waive it if you're low-income)

If filing by mail, send it certified with return receipt. You need proof the court received it before your deadline.

Serve the Plaintiff's Attorney

Mail a copy of your filed Answer to the law firm listed on the Complaint. Use certified mail here too. Some states require a separate "Certificate of Service" form proving you sent it. Check your local rules.

What Happens After You File

Your Answer prevents a default judgment. The case moves into discovery, where both sides exchange evidence. The creditor must now prove:

• You had an account with them or their client
• You owe the amount they claim
• They have the right to sue you

Many debt buyers can't meet this burden. They purchased your account in a bulk portfolio with no original contracts, no signed agreements, just a spreadsheet. If they can't produce documents, they often drop the case or offer a settlement for 30-50% of the alleged debt.

If they do have solid evidence, you can still negotiate. Offer a lump sum for less than the full amount or a payment plan. Get any agreement in writing before you pay a dime.

When to Consider Bankruptcy Instead

If you're facing multiple lawsuits, already have judgments against you, or the debt is overwhelming, an Answer might not be enough. Take our bankruptcy screener to see if Chapter 7 or Chapter 13 makes sense for your situation.

Filing bankruptcy triggers an automatic stay that stops all collection actions, including pending lawsuits. Wage garnishments halt. Bank levies stop. You get breathing room.

But don't file bankruptcy to avoid responding to a single lawsuit. Try the Answer first. It costs less and doesn't damage your credit further.

Get Help If You Need It

You can file an Answer yourself. Thousands of people do every month. But if the debt is large (over $10,000) or the case is complex (the creditor has a attorney who's aggressive), consult a consumer rights lawyer.

Many offer free consultations. Some work on contingency, meaning they only get paid if they win. The National Association of Consumer Advocates maintains a directory at consumeradvocates.org.

Your state may also have a legal aid office that helps low-income residents with debt cases at no cost. Start at lawhelp.org.

Stop Waiting. Start Filing.

You have one job right now: get your Answer filed before the deadline. Every day you wait is one day closer to losing by default. Draft your response tonight. File it tomorrow. Then you can breathe and plan your next move.

The creditor's lawyers are counting on you to do nothing. Prove them wrong.