Being served with a debt lawsuit is stressful, but ignoring it is the worst response. If you do not answer on time, the court can enter a default judgment that allows wage garnishment or a bank levy.
First steps
- Read the summons and complaint and note the deadline to respond, which is often 20 to 30 days.
- Check that the plaintiff and the amount match your records, and that you were properly served.
- File a written answer with the court by the deadline. Many courts provide forms.
- Request proof that the plaintiff owns the debt and can document the amount.
- Consider contacting legal aid or a consumer attorney.
Possible defenses
- The debt is not yours or the amount is wrong.
- The time limit for suing has passed.
- The plaintiff cannot prove it owns the debt, which is common with debt buyers.
- The collector violated debt collection laws.
- Identity theft.
Options
You can negotiate a settlement or payment plan before the hearing. Get any agreement in writing before paying. If you have little income, some money may be exempt from collection, and bankruptcy may be an option.
If a judgment is entered
Judgments allow collection tools such as wage garnishment and bank levies, subject to exemptions. You may be able to ask the court to set aside a default judgment if you act quickly and have a valid reason. See our guide to wage garnishment.
Frequently asked questions
Can I go to jail for not paying a debt?
Not for the debt itself, but you can be held in contempt for ignoring a court order, such as one to appear.
Should I call the collector?
You may, but be careful not to admit the debt. Written communication is safer.