You can fight debt collection lawsuits
Click here to download the Answer and Discovery Requests for a debt buyer lawsuit.
If you’ve been served with a summons and complaint, using this answer form properly is the crucial first step in defending yourself. Be sure to read the instructions to properly fill out the form.
20 days to respond
You have 20 days to serve an answer after you were served with the summons and complaint. If you miss the deadline, you will be in default, which means the plaintiff will be able to get a judgment against you and garnish your wages or bank accounts. So don’t wait. If you have already missed the deadline, get in touch with me right away. In some cases (I will tell you if you have such a case), I can still help.
You may not owe the debt
You may not owe the debt to anyone, especially not the plaintiff or debt collection law firm that sued you. Even if you think the debt is yours, think hard before admitting it. If you are being sued by a debt buyer (someone other than the original creditor), you cannot be sure it has the right to collect the debt, even if you think you owe it. Debt buyers have to prove they have the right to collect on a debt–do not make it easy for them by simply assuming you owe a debt and admitting it.
Debt buyers almost always have evidentiary defects which make it difficult for them to win a lawsuit. If you admit you owe the debt, you will have no leverage to negotiate a settlement. Admitting the debt makes it easy for the plaintiff to win, so it has little incentive to bargain with you. On the other hand, if you use answer form you downloaded, you may be able to win your case. At a minimum, you can negotiate a settlement for less than the amount the debt buyer wants to collect.
What to expect next
After you serve the answer and discovery requests, you should receive responses to your discovery requests in about 30 days.
If you want to know more about what you are in for, I’ve posted a step-by-step debt collection lawsuit guide. It’s a great, quick reference to what you should expect in your lawsuit. If you have any questions, please do not hesitate to contact me.
Other resources
- Credit report request letter (PDF) This letter can be used to request current copies of your credit reports.
- Credit report dispute letter (PDF) This letter can be used to dispute inaccurate information on your credit report.