How to Respond to a Summons from a Collection Agency
It can be very distressing to receive a summons from a collection agency, not to mention confusing. In fact, the consumer is rarely provided with instructions as what to do next. However, ignoring a summons is the worst thing you could do, because that would undoubtedly result in a default judgment being entered against you. Knowing how to properly respond to a summons yourself can save you a great deal of time, frustration, money and your most precious asset---your credit.
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Instructions
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Get Ready to Defend Yourself
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Act within the timeframe given to respond to a summons, which may vary slightly between jurisdictions. In legal terms, this response is called an "answer." The length of time is usually 20 days from the date of service upon you personally. In the event service was made by mail or other means, then the time to answer is usually 30 days.
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Understand that you are not required to appear in court to respond to a summons from a collection agency. Your answer will be made in writing.
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Determine if the account really belongs to you. A summons actually consists of two legal papers---a summons and a complaint. The latter should detail the specifics about the account, including the account number, the date in which it was opened, the name of the original creditor and the current amount due, plus interest and fees.
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Assemble all records that you have related to the account and make copies of them. Pay particular attention to any documentation that proves the account was paid in full. If it wasn't paid in full, then note the date the last payment was paid.
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Check the statute of limitations (SOL) for the collection agency to sue you in your state. This is significant, because to sue a consumer, the plaintiff (in this case, a collection agency), must do so within a certain period of time from the date of last activity on the account, usually somewhere between 3 and 7 years in most states. Unfortunately, many collection agencies count most consumers being unaware of this stipulation and will proceed anyway.
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Prepare your answer, which will contain three sections: I. Answer; II. Affirmative Defenses; and III. Counterclaims (if applicable). To complete the answer section, refer to the claims made in each paragraph of the complaint and admit or deny each allegation, one at a time in a numbered format. In the next section, list any affirmative defenses (e.g., the SOL has expired, the account was paid in full, etc.). Counterclaims refer to any violations of the Fair Debt Collection Practices Act (see Resources) committed by the collection agency.
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Serve a copy of your answer by process server or regular mail upon the plaintiff. Then file the original copy with the court. The court copy should include copies of any documentation regarding the account as exhibits, as well as an Affidavit of Service witnessed by a notary public. If the collection agency does not respond to your answer within 10 to 20 days (again, this varies), the matter will be closed in most cases. If the agency does respond, then the judge will usually calendar the matter for trial.
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Tips & Warnings
Reference the index number from the summons on all legal papers.
If the case goes to trial, you might want to consider hiring an attorney to represent you in court.
A collection agency is still permitted to try to collect a valid debt, even if the SOL period disallows suing you.
Be aware that calling or writing the collection agency to discuss payment arrangements will restart the statute of limitations.
