Sample Answer to Summons for Credit Card Debt Lawsuit

You’ve been sued over credit card debt. The plaintiff hopes you’ll ignore the lawsuit.

Ignoring it means the court will issue a default judgment against you. The plaintiff gains legal authority to garnish your wages and seize assets.

Default judgments are dangerous. The court assumes you owe the stated amount. The plaintiff can pursue collection even if the debt is wrong.

You need to respond. Defending yourself starts with filing an Answer document.

Standard Format for Your Answer Document

Your Answer must include these essential elements:

• Caption: Place this at the top of your document. Include the plaintiff’s name, your name as defendant, court name, and case number.
• Responses: Address each allegation from the Complaint in numbered format. You have three response options: admit (this is true), deny (prove it), or deny due to lack of knowledge (I don’t know).
• Affirmative Defenses: Present your side of the case here. Common defenses include expired statute of limitations, fraudulent debt, or incorrect amounts. Many other defenses exist depending on your situation.
• Date and Signature: Courts reject unsigned Answer documents. Some courts require notarized signatures and won’t accept electronic ones.
• Certificate of Service: Add this at the bottom. Certify that you sent copies to both the court and plaintiff’s attorney. Include both addresses.

Our partner Solo helps you respond to debt lawsuits in all 50 states.

How to Structure Your Response

Your Answer can take different forms. You can accept the allegations, deny them completely, or accept parts while denying others.

The format stays consistent regardless of your chosen response strategy.

Key Elements to Include

You must list all affirmative defenses in your initial Answer. Courts won’t allow you to add defenses later.

Forgot to include a defense? You can’t use it at trial. Include every possible defense now, even if some seem weak.

Each defense gives you another path to victory. Don’t limit your options by leaving defenses out.

Filing Deadlines Matter

Every state sets its own Answer deadline. Most states give you 20 to 30 days from service.

Missing your deadline results in automatic default judgment. The plaintiff wins without presenting evidence.

Check your Summons for the exact deadline. Mark it on your calendar immediately. Set multiple reminders.

You can work with our partner Solo to file an attorney-approved Answer in 15 minutes. Save time while ensuring proper format and content.

Common Affirmative Defenses for Credit Card Lawsuits

Several defenses work well against credit card debt collectors:

• Statute of Limitations: The debt might be too old to sue over. Each state sets time limits on debt collection lawsuits.
• Incorrect Amount: The plaintiff may claim you owe more than the actual debt. Demand proof of the exact amount.
• Lack of Standing: The plaintiff must prove they own your debt. Debt buyers often lack proper documentation.
• Payment Already Made: You may have already paid this debt in full or in part.
• Identity Theft: Someone else may have opened the account using your information.
• Breach of Contract: The creditor may have violated the original credit card agreement.

Sample Answer Structure

Your Answer document should follow this structure:

Caption Section

Start with the court information at the top center of your page:

• Court name
• County or district
• Plaintiff’s full name
• Your full name (defendant)
• Case number

Response to Allegations

Number each response to match the Complaint’s numbered paragraphs. Keep responses brief and direct.

Example responses:

• “Defendant admits the allegations in Paragraph 1.”
• “Defendant denies the allegations in Paragraph 2.”
• “Defendant lacks sufficient knowledge to admit or deny the allegations in Paragraph 3.”

General Denial Statement

Add this powerful sentence: “Defendant denies all allegations not specifically admitted herein.”

One sentence protects you from any allegation you missed or forgot to address.

Affirmative Defenses Section

List each defense as a separate numbered item. Use clear headings.

Include brief explanations for each defense you raise. You’ll provide detailed evidence later if needed.

What to Admit and What to Deny

Admit only basic, indisputable facts. Your name, address, and state of residence are usually safe admissions.

Deny allegations about owing specific amounts. Deny that the plaintiff owns the debt unless you have proof.

Use “lack of knowledge” for allegations about the plaintiff’s business operations or internal procedures.

Strategic Response Tips

Never admit you owe the full amount claimed. The plaintiff must prove every dollar.

Deny allegations that include multiple facts in one statement. Force the plaintiff to prove each element separately.

Challenge the plaintiff’s ownership of your debt. Debt buyers often lack complete documentation chains.

Filing and Serving Your Answer

You must file your Answer with the court clerk. Most courts accept filings in person or by mail.

Some courts now allow electronic filing. Check your court’s website for specific procedures.

Service on the Plaintiff

Send a copy of your Answer to the plaintiff’s attorney. Use the address shown on the Summons.

Mail it using certified mail with return receipt requested. You need proof of delivery.

Keep copies of everything. Maintain a file with your Answer, mailing receipts, and all lawsuit documents.

After Filing Your Answer

Filing your Answer stops default judgment. The case moves into the discovery phase.

The plaintiff may send interrogatories or document requests. You must respond to these within specified timeframes.

Many cases settle after the defendant files an Answer. Collectors realize you’re serious about defending yourself.

Settlement Opportunities

You gain negotiating power by filing an Answer. Debt collectors often accept reduced settlement amounts.

Trials cost collectors time and money. Many prefer settling for 40-60% of the claimed amount.

Our partner Solo can help you negotiate a settlement after filing your Answer.

Common Mistakes to Avoid

Don’t miss your filing deadline. Courts rarely grant extensions for Answer documents.

Don’t admit allegations you’re unsure about. When in doubt, deny or claim lack of knowledge.

Don’t forget to serve the plaintiff’s attorney. Filing with the court isn’t enough.

Don’t use informal language. Courts expect professional, respectful terminology.

Don’t include emotional arguments in your Answer. Save explanations for trial or settlement negotiations.

Getting Professional Help

You can defend yourself without an attorney. Many people successfully use Answer templates.

Complex cases benefit from legal review. An attorney can spot defenses you might miss.

Attorney review costs less than full representation. You prepare the Answer, and the attorney reviews it.

Balance cost against complexity. Simple cases with clear defenses work well for self-representation.

Your Rights as a Defendant

You have the right to defend yourself in court. Collectors must prove their case.

You can demand proof of the debt’s validity. The plaintiff must show proper documentation.

You can challenge the debt’s amount, ownership, and age. Make the collector work for their judgment.

Filing an Answer exercises these rights. Your response forces the case into proper legal channels.