How To Answer A Summons For Debt Collection?

If you’ve been served with a debt collection summons, your response could determine whether you face wage garnishment, a court judgment, or complete dismissal. Here’s a step-by-step breakdown of how to respond effectively, assert your rights, and avoid default—no lawyer required.

What Is a Summons for Debt Collection?

A summons is a legal notice that you’re being sued for an unpaid debt. It typically includes a complaint, which outlines the creditor’s allegations—including the amount owed, who’s suing you, and the legal basis for the claim.

If you don’t respond in time, the court may issue a default judgment—allowing wage garnishment, bank levies, or even property liens.

Step 1: Check Your Deadline to Respond

Your time to answer varies by state and how you were served:

Type of Service	Typical Deadline
Personal (hand-delivered)	20–30 days
Substituted or mail	30–40 days
Example: Texas	14–30 days (varies by court)
Example: California	30 days (use Form PLD-C-010)

Tip: Mark your calendar the day you receive the summons. If the deadline falls on a weekend or holiday, your response is due the next business day.

Step 2: Review the Summons & Complaint

Before drafting your response, analyze the documents carefully:

Verify the creditor’s name and licensing (especially in NY, CA—debt buyers must include license numbers).
Confirm details: debt amount, original creditor, case number, and court location.
Look for errors: 60% of sold debts contain inaccuracies. Dispute if:
- The debt isn’t yours.
- Amount includes inflated or illegal fees.
- The statute of limitations has expired (typically 3–6 years for credit cards).

Step 3: Draft Your Answer — Line-by-Line

Your Answer must address every allegation in the complaint using one of three responses:

Admit – if the claim is accurate.
Deny – to force the creditor to prove it.
Lack knowledge – if you’re unsure, which still requires proof.

Example Answer format:

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CopyEdit

Defendant’s Answer:

Paragraph 1: Deny.

Paragraph 2: Defendant lacks knowledge sufficient to admit or deny.

Include:

Court name, case number, plaintiff and defendant names
Signature (notarized if your state requires it)
Certificate of Service proving you mailed a copy to the plaintiff or their attorney

How to Answer a Summons for Debt Collection?

Step 4: Assert Affirmative Defenses

These are legal reasons the lawsuit should be dismissed. If not included in your initial Answer, they’re usually waived permanently.

Defense	When to Use	Evidence Required
Statute of limitations	Debt is too old (check state limits)	Last payment date, account records
Improper service	You weren’t served legally	Lack of personal delivery, proof of address
Identity theft	You didn’t open the account	Police report, FTC affidavit
Debt paid or settled	You already paid or settled the balance	Receipts, bank statements
No standing to sue	Debt buyer can’t prove they own the debt	Demand assignment records
Protected income	They’re trying to seize exempt funds (e.g., SSI)	Proof of income source

New York Note: If the complaint doesn’t include the debt collector’s license number, you can move to dismiss the case.

Step 5: File & Serve the Answer

File with the Court:

Submit the original to the court clerk (by mail, e-filing, or in person).
Pay the filing fee (ranges $0–$450). Request a fee waiver if you qualify.
Sign and date your Answer.

Serve the Plaintiff:

Send a copy of the Answer to the creditor’s attorney.
Use certified mail with return receipt.
Attach a Certificate of Service as proof.

Step 6: Common Mistakes to Avoid

Ignoring the summons: Over 80% of debt lawsuits end in default judgments because people don’t respond.
Admitting partial guilt: Even saying “I’ll pay later” could reset the statute of limitations.
Unwritten settlements: Get all negotiations in writing to avoid future disputes.

Step 7: What Happens After You File?

Once your Answer is submitted:

The court may schedule a hearing or pretrial conference.
The creditor might offer to settle—sometimes for 30–60% of the original balance.
You can negotiate or request debt validation (especially if documents like contracts or payment history are missing).
Consider bankruptcy as a last resort—it triggers an automatic stay and wipes eligible debts within 3–4 months.

Step 8: Missed the Deadline?

If a default judgment has already been entered:

You can file a Motion to Vacate Judgment if you have valid reasons (e.g., medical emergency, improper service).
Courts may still accept late Answers in some cases—ask your local clerk for guidance.

FAQs

Do I need a lawyer?

No, but legal aid is available. You can also use tools like SoloSuit ($99–$199) to draft a legally sound response.

Can I counter-sue?

Yes—especially if the debt collector violated the Fair Debt Collection Practices Act (FDCPA). Include your counterclaim in your Answer.

What if I can’t afford to pay anything?

Assert defenses like protected income or file for a fee waiver. Filing the Answer still blocks a default judgment.

When to Consult a Lawyer

Seek legal assistance if:

The debt is over $10,000
You’re facing complex issues (identity theft, property seizure)
The collector violated your consumer rights (FDCPA violations can entitle you to damages + legal fees)

Final Takeaway: Respond = Regain Control

Debt collectors win 80% of lawsuits by default—not by evidence. Filing an Answer flips the script.

“Your response alone shifts the odds in your favor.” — Upsolve Legal Team

Resources & Tools

SoloSuit.com – Draft and file your Answer in minutes
National Consumer Law Center – Free legal guides and defense strategies
State Court Portals – Download official Answer forms by state

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How to Answer a Summons for Debt Collection?