How to Answer a Summons & Complaint on Debt
If a creditor sues you for an unpaid debt, it is required by law to notify you of the lawsuit via an official summons and complaint. A summons and complaint can be either mailed to you or hand delivered to your home, depending on the law in your state. These documents explain the claim that has been levied against you and the date of the court hearing to evaluate that claim. You must respond to the summons and complaint in order to formulate a successful defense. Failure to respond may result in a default judgment from the court in favor of the plaintiff.
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Instructions
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Check the name of the creditor and the type of debt you allegedly owe. These items will be listed in the complaint document. If you do not recognize the debt, it is possible that you do not owe it.
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Go to the court in your county where the hearing listed on the summons and is scheduled to take place. Ask the court clerk for a Notice of Appearance document. Fill out and sign the document and return it to the court clerk. This is necessary regardless of whether or not you owe the debt.
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Check the age of the debt, if you recognize it. Every state places a time limit on creditors regarding how long they have to legally sue consumers over a debt. This is known as the debt collection statute of limitations. You may find out the statute of limitations in your state by calling your Attorney General's office.
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Prepare a formal answer to the summons and complaint. Your letter should provide a detailed reason as to why you are not legally responsible for the debt. This could be as simple as the fact that the debt does not belong to you or the statute of limitations for debt collection in your state has expired.
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Consider your income. Title III of the Consumer Credit Protection Act states that a creditor cannot use a successful lawsuit to garnish Social Security payments or other forms of government assistance. If you are living on government benefits, you may prepare an exemptions declaration stating this fact. Make copies of your most recent bank account statements to prove your claim and attach them to your exemptions declaration letter.
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Provide the court clerk with a copy of your answer and exemptions declaration, if you have one. These documents will be forwarded to the plaintiff. Once it is clear that you will appear in court to defend yourself, the plaintiff may drop the lawsuit since it cannot be awarded a default judgment against you.
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Tips & Warnings
It is important to always file the Notice of Appearance quickly. All counties have a time frame within which you must file the Notice of Appearance.
If the statute of limitations for debt collection in your state has expired, you must point this out to the court in your answer to have the lawsuit dismissed. If you fail to make this fact known to the court, the plaintiff may still win the lawsuit against you.
If you opt to provide an exemptions declaration to the court, use a black marker to mark through your bank account number for security purposes.
If you do not answer the summons and complaint against you, the plaintiff will win the lawsuit by default - whether you owe the debt or not.
