How To Respond to a New Jersey Debt Collection Lawsuit
If you're sued for debt in New Jersey, you must file an Answer form within 35 days to avoid a default judgment. You don't need a lawyer to defend yourself. Responding shows the debt collector you're serious and gives you a chance to settle or win your case.
Answer Your LawsuitIf you’re sued for a debt in New Jersey, you’ll receive a court summons and complaint. These official forms tell you you’re being sued and why. You must respond by filing an Answer form within 35 days. Otherwise, you can lose by default, which can lead to wage garnishment. You don’t need a lawyer to successfully fight a debt lawsuit.
How Do Debt Collection Lawsuits in New Jersey Work?
If you haven’t responded to collection attempts, you may eventually be notified of a lawsuit. The court document that notifies you is called a summons. It comes with another document called a complaint.
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Respond to Summons NowIn New Jersey, debt collection lawsuits are usually heard in a Superior Court. The court has different divisions for civil cases:
- If you’re sued for $5,000 or less, your case is heard as small claims.
- If you’re sued for $5,000 to $20,000, your case goes to Special Civil Part.
The processes vary slightly based on which court hears your case. Don’t get too hung up on the different courts.
The court hearing your case will be listed in the summons. The summons also includes specific instructions on what you need to do next. Always read the information on the court documents. Don’t hesitate to contact the court clerk if you need clarification.
What Is a Summons and Complaint?
A summons is an official court document notifying you of a lawsuit. It tells you that you’re being sued. A complaint accompanies the summons and includes a list of claims. It tells you why you’re being sued.
In New Jersey, the summons will include important information, such as:
- Who is suing you (and their legal representation)
- How much you’re being sued for
- The name and address of the court hearing your case
- The docket number for the case
- Instructions about what to do next
- The deadline to respond to the summons
The complaint will explain the plaintiff’s claims against you in numbered paragraphs. It includes the amount of debt they say you owe. It also states what they’re requesting from the court, usually a judgment.
How Do You Respond to a New Jersey Court Summons for Debt Collection?
The way you need to respond should be outlined in the summons itself. What follows are general instructions for responding to a debt collection lawsuit. These instructions will help you understand how the process works.
The New Jersey Courts site has excellent information about how to defend yourself in a small claims lawsuit. In New Jersey, you have 35 days to file your answer.
If you’re worried about responding on your own but can’t afford a lawyer, our partner Solo can help you draft an answer letter. They’ve helped 234,000 people respond to debt lawsuits with a 100% money-back guarantee.
Step 1: Fill Out an Answer Form
New Jersey has done an excellent job providing informational packets. The court’s How To Answer a Civil Complaint packet is thorough and easy to read. It includes a template for the forms you need.
The form you need is called an Answer form. The form requires you to list contact information for three parties:
- Filing attorney or pro se litigant: If you’re representing yourself, you’re a “pro se litigant.” List your name and contact information here.
- Plaintiff: The agency or person who owns the debt. They’re listed on the summons or complaint.
- Defendant: The person being sued. In this case, you.
You should also fill in the county name and docket number. You can find these on the summons you received.
You can download and print a copy of the answer form. It starts on page 12 of the court’s packet.
Step 2: Check the Box(es) Relevant to Your Defense
The answer form includes a list of statements that may explain your defense. You may hear these called affirmative defenses.
The list of defenses begins at the end of the first page. It continues on the second page. Read each statement carefully and check any that apply to your case.
Some statements require further explanation. There is a space provided for your explanation. You can also attach additional sheets or information to support your claim.
You can also check the “Other” box if you have a defense not listed. Note that simply being unable to pay is not a defense.
Affirmative defenses may relate to violations of the Fair Debt Collection Practices Act (FDCPA). They may also relate to state laws like the statute of limitations.
What if You Want To Bring a Counterclaim?
If you want to bring a counterclaim against the person suing you, you have that right. But you can’t use the forms presented above to file a counterclaim.
If you want to bring a countersuit, seek legal help. The process is more complicated than simply answering the lawsuit.
Step 3: File and Serve Your Answer Within 35 Days
Make at least three copies of your answer form. You’ll need one to serve on the plaintiff. One goes to the court clerk. Keep one for your records.
How To Deliver Your Answer to the Plaintiff
New Jersey has simple rules for service. Service is the legal term for properly delivering court documents.
To properly serve a copy of your answer on the plaintiff, mail them a copy. You can use certified mail if you want proof you sent the form. If the plaintiff doesn’t have a lawyer, you must serve them by certified and regular mail.
How To File Your Answer With the Court
You can file your answer with the court in a few ways:
- Upload the form electronically using the court’s Judiciary Electronic Document Submission (JEDS). You must use a computer or laptop, not a mobile device.
- Mail the form using certified mail to the address on the summons
- Take the form in person to the courthouse and file with the clerk
In New Jersey, there’s a $30 filing fee to file your answer form. If you can’t afford the fee, you can file a fee waiver form. File this form at the same time you file your Answer. Otherwise, the court may mark your forms as received but not filed.
What Happens After You Respond to the Lawsuit?
After you file your Answer, you should get a notice with a trial date. If you can’t attend on the date listed, contact the court as soon as possible.
If you don’t show up for court, the judge will likely enter a default judgment. You lose because you didn’t show up to tell your side.
At some point, the plaintiff might send you a list of questions. These are called interrogatories. You need to answer the questions within 30 days and send your response back.
How To Prepare for Court Appearances
The New Jersey Courts site has helpful information on preparing for trial.
Before the trial, gather any documents that support your Answer. Documents could include receipts, bank statements, credit card statements, canceled checks, or phone logs. Include written correspondence or any other documents that help prove your case. You need to submit copies of these documents to the court prior to trial. You can upload them electronically or send them via mail.
Be prepared to attend a settlement conference prior to your trial. A trained third-party mediator facilitates this meeting. The goal is to reach an agreement without going to trial. If you can’t come to an agreement during the settlement conference, your case will proceed to trial.
What Happens if You Don’t Respond to the Lawsuit?
As the New Jersey Courts website says, “Do not ignore the summons. Even if you do not have a lawyer, it is better to try to defend yourself.”
If you ignore the lawsuit, you will likely lose by default. A default judgment clears the way for the debt collector to get a court order. They can pursue wage garnishment, a bank levy, or a property lien.
Many people don’t fight debt lawsuits because they can’t afford a lawyer. Don’t let that stop you! You can win the debt collection lawsuit on your own. If you work quickly, you may be able to settle the debt for less. You can settle before the court case moves forward or during the settlement conference.
The vast majority of debt collection lawsuits go unanswered. Debt collectors are used to getting an easy win. Responding to the case shows the debt collector you’re serious. It gives you the chance to defend yourself.
What if There’s Already a Default Judgment Against You?
If the judge has already entered a default judgment against you, you have options. You can file a motion to vacate (cancel) the judgment if you have a good reason. A motion is a formal request you make to the court.
Read the court’s How to File a Motion in the Special Civil Part packet to learn more.
Need Legal Help?
If you don’t feel comfortable representing yourself and filing an answer alone, seek legal help. There are some low-cost or free legal services available across the state.
- Find a legal service office in your area.
- Use the New Jersey Bar Association’s directory to get a legal referral.
- Contact Volunteer Lawyers for Justice to see if you qualify for free help.
- Use our partner Solo to draft an answer form for a small fee in less than 15 minutes.