How To Answer a Summons for Debt Without an Attorney

You’ve been served with a summons and complaint for unpaid debt. Now you’re being sued by a debt collector or creditor.

You need to respond to the lawsuit immediately. Filing official paperwork with the court protects your rights.

Address every point in the complaint. Raise your defenses. File the paperwork within the deadline.

Debt collectors count on you ignoring the lawsuit. They want to win by default.

Don’t be intimidated. You can file an answer successfully without an attorney.

How To Respond to a Debt Collection Lawsuit in 3 Steps

You probably received several calls and letters about your past-due account. After several months without payment, debt collectors may take legal action.

You’ll know you’re being sued when you’re served court papers. The summons and complaint will make the lawsuit clear.

Receiving court papers feels stressful. Take a deep breath.

The most important action you can take is responding. Debt collectors count on you not responding so they can win without effort.

You might win the debt collection lawsuit more easily than you think. Even without a lawyer.

Step 1: Answer the Complaint

Read the court papers completely. Then prepare your written response.

Answering means preparing a written response and filing it with the court. You must do so within the time allowed under your state’s laws.

Your local court website may have sample answer documents. Court clerks can guide you to available resources and explain court rules. They can’t give legal advice.

When you answer the complaint, you address each fact and claim. The creditor is called the plaintiff in a lawsuit.

You can admit to owing all or part of the debt. You can also deny it outright or for “lack of knowledge.”

Denying the debt forces the debt collector to prove you owe it.

If you need help responding but can’t afford a lawyer, our partner Solo can help you draft an answer letter. They’ve helped over 280,000 people respond to debt lawsuits.

Step 2: Raise Your Defenses

Your defenses are a key part of your answer. You can’t bring up new defenses later that weren’t in your answer.

Negating defenses focus on denying or refuting part of the creditor’s case. You show that the creditor’s facts are incorrect.

Affirmative defenses claim that additional information exists beyond what the creditor put in the complaint. In light of this information, the creditor isn’t entitled to win.

Common Defenses in Debt Collection Lawsuits

Many defenses may apply to your case. Here are common ones:

• The debt is time-barred by the statute of limitations. The debt is too old for legal collection. If your debt is several years old, research your state’s statute of limitations.
• The collection agency violated the law. The federal Fair Debt Collection Practices Act (FDCPA) prohibits deceptive or unfair practices. If the debt collector violates this law, you can use it as a defense. You may also file a counterclaim for damages.
• The debt collector didn’t serve the summons and complaint properly.
• You don’t owe the debt because of identity theft or fraud.
• The debt isn’t yours.
• You already paid off the debt.

Once creditors charge off a debt, it may change hands several times. Different debt buyers and collection agencies handle it. Errors are common in debt collection cases.

These errors may point to your affirmative defenses.

If you’re not sure which defenses to use, contact your local legal aid office. Look for volunteer attorney organizations in your area. If you can afford it, hire an attorney to help.

Step 3: File the Answer With the Court

Filing your answer means submitting your drafted paperwork with your answer and defenses. Some courts allow electronic filing. Other courts accept in-person or mail submissions.

Check your court’s website or call the court clerk. Research your court’s rules and instructions before filing.

If you’re uncertain about filing, call the court clerk’s office. Visit their website for guidance.

Filing your answer is crucial to responding properly. Follow the court’s instructions and comply with deadlines.

Prepare to pay the court filing fee. These fees cover administrative costs. If you can’t afford the fee, file for a fee waiver.

Tips for Filing Your Answer

Here are tips to help you file successfully:

• Format your documents properly and include all required information. Include the court name, case name, case number, and your affirmative defenses.
• Print three copies of your answer. File one with the clerk’s office. Mail one to the plaintiff or plaintiff’s attorney. Keep one copy for yourself.
• Include a certificate of service. Prove you served a copy of your answer on the plaintiff or plaintiff’s attorney.
• Sign the answer. An answer without a signature can be thrown out by the court.
• Pay attention to deadlines. You typically have a few weeks to file your answer. You may be able to file for an extension with the court.
• Don’t let the debt collector win by default. If you don’t file an answer by the deadline, the debt collector will likely win. They can then pursue wage garnishment and bank account levies.

What Happens if You Don’t Answer a Summons

If you don’t answer the summons and complaint, the court will enter a judgment against you.

If you don’t answer at all, the court issues a default judgment. The creditor or debt collector wins by default since you didn’t contest their claims.

Many debt collection lawsuits are won by default. Don’t become a statistic.

Filing an answer may be enough to spook the debt collector. If they know they’ll have to fight you in court, they may reach out with a debt settlement offer instead.

Once the debt collector has a court judgment, they can take serious collection measures. They can garnish your wages, levy your bank account, or put a lien on your property.

Creditors can garnish your income from work. Some types of income are protected, such as Social Security.

If You Have Bigger Debt Problems, Bankruptcy Might Help

If you’re sued for a debt and it’s one of many you’re struggling to repay, consider filing bankruptcy. Get free credit counseling first to figure out which debt relief option is best.

Nonprofit credit counselors can help you understand whether bankruptcy is right for you. They can suggest other debt relief solutions.

How Bankruptcy Protects You in a Debt Collection Lawsuit

Bankruptcy is a powerful tool against debt collection lawsuits. Once you file your bankruptcy case, the automatic stay protects you from all debt collection efforts. Including lawsuits.

If you file Chapter 7, you may have your eligible debts discharged in as little as 3-4 months.

Eligible debts include most consumer debts like credit cards, medical bills, personal loans, and payday loans. You may also be able to get federal student loans discharged through Chapter 7 bankruptcy. You’ll need to file additional paperwork through an adversary proceeding to prove undue hardship.

Note that bankruptcy has downsides. Bankruptcy stays on your credit report for several years. Fortunately, your credit score won’t be ruined forever. With effort, you can rebuild your credit after filing bankruptcy.

If you’re struggling with multiple debts and facing a lawsuit, you can speak with a bankruptcy attorney for free to explore your options.

How To Answer a Summons in All 50 States

Each state and court may have slightly different requirements. Here are state-specific guides tailored to each state’s process.

Click on your state to learn more about how the process works where you live:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming