Resolve Your Debt With A Summons Response: Step-by-Step Guide
Responding to a debt collection summons is your most important step when facing a lawsuit. Draft an answer that denies claims and includes affirmative defenses, then file it before your state's deadline to avoid default judgment. Settlement before trial can resolve your debt for less than you owe while protecting your credit.
Answer Your SummonsDealing with debt is tough. Getting sued for it is worse.
If you’ve received a summons for a debt collection lawsuit, you might feel overwhelmed. Ignoring it is the worst move you can make. A default judgment can wreck your credit score. It can lead to wage garnishment or property seizure.
Respond to Your Debt Lawsuit in Minutes
Don't let your deadline pass. Draft a professional answer document that protects your rights and challenges the collector's claims before it's too late.
Create Your Answer NowYou can fight back. Responding to the summons gives you control. You can challenge the claims and protect your rights.
What Is a Debt Collection Summons?
A summons is a legal document that notifies you of a pending lawsuit. It outlines the steps you must take to respond.
When you receive a summons about debt, a creditor or collection agency has filed a lawsuit against you. The summons comes with a complaint, which lists the specific claims against you. The complaint includes the debt amount they say you owe.
You have limited time to respond. Most states give you 20 to 30 days.
Review the Summons Before Taking Action
Don’t panic when you receive a summons. Take these initial steps instead:
- Verify the details: Check your name, address, and the debt amount for accuracy.
- Check the deadline: You typically have 20-30 days to respond. Missing this deadline can result in automatic judgment against you.
- Confirm jurisdiction: Make sure the court has jurisdiction over your case. If it doesn’t, you might get the case dismissed.
Once you’ve reviewed the summons, you need to draft a response. Our partner Solo can help you create and file a proper answer document.
How to Draft Your Summons Response
Your official response to a summons is called an answer. Here’s how to draft one that protects your rights:
Keep Your Answer Brief
Avoid giving out too much information at this stage. Long explanations can hurt your case.
Your answer should focus on responding to each claim in the complaint. Break down each claim. Do you agree? Is it accurate?
Keep it simple and direct.
Deny as Many Claims as Possible
Create a numbered list that addresses each claim from the complaint. Most attorneys recommend denying as many claims as possible.
You can admit to obviously true facts like your name or address. But deny claims about the debt itself whenever you can.
When you deny a claim, the collector must prove it. You’re putting the burden of proof on them.
Add Your Affirmative Defenses
After responding to each claim, include your affirmative defenses. An affirmative defense is any legal reason the debt collector doesn’t have a case.
Common affirmative defenses include:
- The statute of limitations has expired
- The debt has been paid or settled
- The debt isn’t yours due to identity theft
- The amount claimed is incorrect
- The collector lacks proper documentation
Affirmative defenses can weaken the collector’s case significantly.
Use Standard Formatting and Style
Your answer needs to look professional. Use standard font and margins like 12-point Arial.
Include a case caption with the court’s name, parties involved, and case number. The body contains your responses and affirmative defenses.
Add a prayer for relief at the end. State what you want the court to do, like dismiss the case.
Include a Certificate of Service
Most courts require proof that you served the opposing party. Add a certificate of service at the end of your document.
List the name and address of the party who received your answer copy.
Sign the Answer Document
Don’t forget your signature. Courts reject unsigned answer documents.
Your signature validates the entire document. Without it, your response is worthless.
File Your Answer With the Court
After drafting your answer, you must officially submit it. Here’s how:
- File with the court: Submit your answer to the court by mail, in person, or electronically. Some courts only accept e-filing. You may need to pay a filing fee.
- Serve the plaintiff: Send a copy to the opposing attorney. Their address should be on the summons.
- Confirm delivery: Get proof that your documents were served and filed. Use certified mail with return receipt requested.
Track your documents carefully. Call the court to confirm they’ve filed your answer properly.
Missing your state’s deadline results in automatic loss. The plaintiff can request a default judgment. They can then garnish your wages, seize your property, or freeze your bank account.
What Happens After Filing Your Response
After filing your answer, the plaintiff must respond. They may dismiss the case or move forward with legal action.
If they continue, discovery begins. Discovery is the process where both parties gather facts, documentation, and evidence.
You may need to attend a pretrial hearing or conference. Many cases settle at this stage without going to trial.
If no settlement is reached, your case goes to trial. A judge or jury will make the final decision.
Settle Your Debt Before Going to Court
Debt settlement can be your best option if you know you owe the debt. When you respond to the summons, you buy yourself time to negotiate.
In debt settlement, you offer a portion of the total amount due. Usually, you pay at least 60% of the debt’s value.
The creditor or collector agrees to drop legal claims against you. They release you from the remaining balance.
Get any settlement agreement in writing before making payments. The agreement should outline all terms you’ve agreed upon.
Follow through on your end. Make all payments as agreed. Late or missed payments can nullify your agreement.
Our partner Solo offers a tech-based approach to debt settlement. Their software helps you send and receive settlement offers until you reach an agreement.
Once you agree, they help you manage documentation and transfer payment securely. Your financial information stays private.
Debt settlement clears your name. Collectors stop contacting you. Settlement has less impact on your credit than ignoring the debt.
Take Control of Your Debt Lawsuit Today
Responding to a debt summons is critical for resolving your debts. Understanding your rights and the legal steps empowers you to tackle the situation.
You don’t have to face debt collectors alone. You have options to respond, negotiate, and settle.
Act before your deadline expires. Protect your wages, property, and credit score. Take the first step toward resolving your debt lawsuit today.