How to Respond to a Lawsuit
Served with a debt collection lawsuit? Here's exactly what to do, step by step, to protect your rights.
In This Article
Step 1: Don't Panic, But Don't Ignore It
A lawsuit is serious, but it's manageable if you act promptly. Ignoring it is the single worst option, since it typically leads to a default judgment against you.
Step 2: Note the Deadline
Your summons will state how many days you have to file a formal answer — typically 20 to 30 days depending on your state. Mark this date immediately.
Step 3: Verify the Plaintiff's Claim
Request documentation proving the plaintiff owns the debt (especially important if it's a debt buyer, not the original creditor) and that the amount claimed is accurate.
Step 4: Check the Statute of Limitations
If the debt is older than your state's statute of limitations for legal action, this can be raised as a defense — but you must raise it; it isn't automatic.
Step 5: File a Written Answer
Even a basic answer that admits or denies each claim in the complaint preserves your right to be heard. Many local courts and legal aid organizations provide free answer templates.
Step 6: Consider Your Resolution Options
You can negotiate a settlement before or during the case, request a payment plan, or, if your overall debt situation is unmanageable, consult with an attorney about whether bankruptcy makes sense given the full picture.
Step 7: Get Help If You Need It
Legal aid organizations often provide free or low-cost help for debt collection lawsuits. Many consumer law attorneys also offer free initial consultations.
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