Sample Answer to Summons for Credit Card Debt (Free Template)
Filing an Answer to a credit card debt lawsuit protects your legal rights and forces the plaintiff to prove their case. Include proper responses to each allegation and assert all affirmative defenses, or you'll lose the right to raise them later. You typically have 14 to 30 days to file, so act quickly to avoid default judgment.
Answer Your LawsuitGetting served with a summons for credit card debt feels overwhelming. A process server likely visited your home or workplace and handed you legal documents. You might feel intimidated facing a large bank or financial institution in court.
You have legal rights. Many debt collection lawsuits contain errors. You may not owe the amount claimed. Fight back by filing an Answer to the Complaint.
Running Out of Time to Respond?
You have as few as 14 days to file your Answer before the court grants default judgment. Generate a properly formatted Answer with all required affirmative defenses in minutes.
Create Your Answer NowSix Essential Tips for Your Answer
Follow these proven steps to draft a strong Answer:
- Keep your Answer focused on responding to allegations only
- Deny allegations whenever possible
- Include all affirmative defenses
- Use proper court formatting
- Add a Certificate of Service
- Sign your Answer before filing
Don’t Tell Your Life Story
Read the Summons and Complaint carefully. Your Answer should respond to each allegation listed in the Complaint.
The burden of proof falls on the plaintiff, not you. Avoid providing elaborate explanations at this stage. Too much information can weaken your case later. Respond to each paragraph individually and concisely.
Our partner Solo helps you respond quickly and correctly to debt collectors.
Deny as Many Allegations as Possible
Denying allegations forces the plaintiff to prove their case. If you admit everything, the judge has no reason to consider your defense.
Use one of these three responses for each allegation:
- Admit: The allegation is completely true
- Deny: The plaintiff must prove this claim
- Deny due to lack of knowledge: You don’t have enough information to confirm
Admit only obviously true facts. If the Complaint states you live at 2121 Cherry Lane and you do, admit it. Deny everything else you’re unsure about.
Some allegations mix true and false claims. You can combine responses. Example: If a paragraph claims you’re a cardholder who owes $8,775, admit you’re the cardholder but deny the amount due to lack of knowledge.
Assert Your Affirmative Defenses
After responding to each allegation, list your affirmative defenses. Affirmative defenses explain why the plaintiff’s case should fail.
You must include these defenses in your Answer. If you don’t raise them now, you can’t bring them up later. Many online forms skip this critical section.
Common affirmative defenses include:
- The statute of limitations has expired
- The debt isn’t yours
- You already paid the debt
- The credit card was cancelled
- You were a co-signer not informed of your rights
- You were improperly served
Being unable to pay the debt is not a legal defense.
Use Proper Court Formatting
Court rules require specific formatting for all legal documents. Your Answer needs a caption with the court name, case name, and file number.
Number all your responses and affirmative defenses in separate paragraphs. Follow the same structure as the Complaint when possible.
Review sample Answers or use our partner Solo to generate a properly formatted Answer in minutes.
Add a Certificate of Service
Courts require proof that you sent a copy of your Answer to the plaintiff’s attorney. The Certificate of Service provides this proof.
Place the Certificate at the bottom of your Answer document. Include the date and attorney’s address where you sent the Answer.
Example Certificate of Service:
Original of the foregoing was caused to be filed via mail on 02/22/22 to:
The Superior Court of California
San Bernardino County
247 West Third Street
San Bernardino CA 92415
Copy caused to be sent via mail on this day to:
Max Collector
1000 Collection Dr.
Hotel CA 98002
Sign Your Answer
Always sign your Answer at the bottom. Many courts require a wet signature, not an electronic one.
Courts can reject unsigned Answers. Your signature proves the court received the original copy of your document.
How to File Your Answer
Complete your Answer before the deadline. You typically have 14 to 30 days to file, depending on your state. The Summons states your specific deadline.
Missing the deadline results in a default judgment against you. Follow these filing steps:
- Print your completed Answer
- Sign and date it personally
- Make two copies (one for court, one for plaintiff’s attorney)
- File your Answer with the Clerk of Court
- Pay the required filing fee
- Mail a copy to the plaintiff’s attorney
Never ignore a Summons and Complaint. Failing to respond hands victory to the debt collector. They’ll secure a default judgment and can garnish your wages or freeze your bank account.
Our partner Solo helps you draft and file Answers in all 50 states.
What Happens After You File
Filing an Answer starts the discovery process. The plaintiff must prove their case with evidence. Many debt buyers lack proper documentation.
You can request documentation proving you owe the debt. Debt collectors often can’t provide original credit card agreements or complete account statements.
Your Answer protects your rights and forces the plaintiff to work for their judgment. Many cases settle or get dismissed after defendants file strong Answers.