Respond to a debt collection lawsuit
If you’re sued over a debt, you must respond in writing or risk losing by default. This guide will help you respond properly and on time to avoid a default judgment and defend your case. (Answer and Affirmative Defenses form and instructions)
1. Fast facts
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How do I know if there's a lawsuit against me?
The person or business you owe is called the creditor. The creditor must start the lawsuit against you by having a copy of their Summons and Complaint delivered to you so you will know you’re being sued.
In the lawsuit, the creditor is the Plaintiff. If the lawsuit is against you, you’re the Defendant.
If the lawsuit names you as a Defendant, you must respond, even if you think the debt isn’t yours!
The lawsuit might be against you and JOHN DOE or JANE DOE. This may be because the creditor believes you’re married but doesn’t know your spouse’s name. If you’re married and the complaint names your spouse (their actual name or JOHN or JANE DOE), you must both respond to the Complaint.
Do I have to respond to the Complaint?
No, but if you don’t respond, the court will enter a default judgment against you. Respond to the Complaint if you want to defend the lawsuit.
If you don’t respond to the Complaint, the creditor will win automatically. The creditor will get a judgment for everything they asked for in the complaint. The creditor may collect their judgment by taking money from your bank account or paycheck, or some property. This will also hurt your credit.
I offered to make small payments on my bill or told the creditor I would make full payments as soon as possible. Can the creditor sue me anyway?
Yes. The creditor can file a lawsuit. If the creditor wins, the judge will add the costs of that case to what you owe. The creditor doesn’t have to accept anything less than what you owe.
I can’t afford to pay the debt. Can they sue me anyway?
Yes. That isn’t a defense. You can still file an answer to the lawsuit to make them prove their case.
I think my income or assets are protected from garnishment. Can they sue me anyway?
Yes. That isn’t a defense, although it might stop them from collecting money from you if they win. You still must respond to the lawsuit. Tell the creditor in your response if you have benefits and/or retirement income that can't be garnished. Also try to talk to a lawyer.