If you received a Summons and Complaint, you only have a short time to deliver a written Answer to the plaintiff and the Court. The Answer is your chance to tell the court your defenses or reasons why the plaintiff must not win the case. Some courts let you give your Answer to the Clerk at the courthouse in person. Use the court locator box to contact the Court to ask if they allow this form of Answer.
Answering a Summons and Complaint
The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City:
- 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county. This applies only to cases in City Courts outside of New York City
- 20 days - if the summons and complaint were given to you by personal (in hand) delivery. This applies to all cases in any other court other than City Courts outside of New York City
- 30 days - if the summons and complaint were given to you in any other way
If you already filed an answer and wish to change something in it, you have 10 days from the day you filed the original answer to amend or update your answer. If the 10 days have passed, you must make a motion to amend the answer.
These time periods include weekends and holidays.
Ask the Court Clerk if the court has an Answer form for you to use, if not, you can write your own Answer.
Your answer may include a general denial and any defense or explanation to the complaint that you might have. A general denial is when you deny everything that is in the complaint without denying a specific allegation. It is very important to write down any defenses you want to tell the court. If you do not include a defense in your answer, the judge may not allow you talk about it later in the case.
You may also include a counterclaim in your Answer. A counterclaim is claim made by the person sued in a case against the person who started the case. A counterclaim can be for a new claim or for something connected to the other side’s claims.
*If you received a summons that says at the top the words: “CONSUMER CREDIT TRANSACTION,” read Common Defenses in a Consumer Debt Case for a list of possible defenses. See a sample Answer Form for Consumer Credit Transaction.
Be aware that there are many companies that make money by buying and collecting debts. For example, you could owe money to Discover Card, but you were sued by ABC Corp. This happens because Discover Card sold the right to collect the money you owe to ABC Corp.
If you never heard of the plaintiff in your case, it is important to include in your answer that you don’t have a business relationship with the plaintiff. By including this in your answer, the plaintiff will have to show the court that it owns your debt and will have to submit a letter from the creditor that proves that the debt is valid.
If the complaint has a Verification at the end of it, this means that the plaintiff swore that the complaint is true. If there is a Verification at the end of the complaint, you should make a verified Answer. You can do this by signing the Answer in front of a notary public.
When you file your Answer with the court, make sure to ask the clerk what the procedures are for serving the answer on the Plaintiff. Some courts will automatically serve the answer on the Plaintiff for you..
If you are instructed to serve the plaintiff with a copy of your answer, you must have someone that is 18 years-old or older mail a copy to the plaintiff. Neither you or anyone directly involved in the case can serve the Plaintiff. If the plaintiff has a lawyer, a copy of your Answer should be mailed to the lawyer. The person mails the paperwork must fill out a form called the Affidavit of Service by mail form. You may have to file this affidavit of service form with the court or bring it with you on your court date. It is important to keep a copy for yourself. Read How Legal Papers are Delivered for more information.
Some lawsuits are filed electronically. If your lawsuit was started electronically, this means that you can serve and file your Answer over the Internet using the New York State Courts Electronic Filing system (NYSCEF). Read about E-filing to see if this is something you want to do. If not, you can file your Answer in the same court where the case was started and can ask the court how to opt out of electronic filing.
Related Information:
- You Got a Summons
- Vacating a Default Judgment
- Common Defenses in a Consumer Debt Case
- Forms
FAQs
It's important to respond to (or answer) the lawsuit. You do this by filing official paperwork with the court. Be sure to address every point in the complaint, raise any defenses you have, and file the paperwork within the time frame provided.
How do you respond to a debt collection lawsuit? ›
You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
How do you write an answer to a summons for debt? ›
Essentially, your Answer should be a list of responses. Most attorneys recommend that you deny as many of the allegations as possible. This forces the plaintiff (or debt collector) to do more work to prove their claims. You may deny a claim if the debt is not yours, you cleared the debt, or the debt has expired.
How do you respond to a debt collector text? ›
If you receive a text purporting to be from a debt collector, do not share personal or sensitive information via text message, especially if it's from someone you do not know. Instead, ask for validating details so you can confirm the debt and the person texting you are legitimate.
How do you win a debt dispute? ›
Summary: Follow these four steps to dispute a debt: assemble all documentation about the debt, review the debt collection notice for mistakes, send a Debt Validation Letter to force them to verify the debt, and wait for a response from the debt collection agency.
What is the best thing to say when dispute a collection? ›
I am writing this letter to bring to your notice the following information added to my credit report. The [dispute item] along with the [creditor's name] are falsely added to my credit report without my prior knowledge. The mentioned details are incorrect and I request you to revise the report after due diligence.
What happens after you answer a debt lawsuit? ›
When you respond to the lawsuit, a debt collector has to prove to the court that the debt is valid. If you owe the debt, you may be able to work out a settlement or other resolution with the collector. Responding doesn't mean you're agreeing that you owe the debt or that it is valid.
How do you negotiate a debt settlement after summons? ›
If you're thinking about negotiating a settlement or repayment agreement with a debt collector, consider the following three steps:
- Confirm that you owe the debt. ...
- Calculate a realistic repayment plan. ...
- 3. Make a repayment proposal to the debt collector.
Responding to collection letters — even if only to dispute them — can, paradoxically, increase the probability that a debt collector will accelerate collection efforts and maybe even sue you for the debt.
Should I respond to a debt letter? ›
Responding to a debt collection letter depends on the type of debt your creditors are claiming you owe. If you feel the amount of the proposed debt is correct and you can afford to pay it, do so. This will be a sufficient form of response and should halt any collection activity.
Don't provide personal or sensitive financial information
Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.
What is the 11 word phrase to stop debt collectors? ›
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
What's the worst a debt collector can do? ›
Even if you owe money, debt collectors aren't allowed to threaten, harass, or publicly shame you. You have the right to order a debt collector to stop contacting you, and they must comply. If there's a mistake, and you really don't owe the debt, you can take steps to remedy the error.
How do you outsmart a debt collector? ›
6 Ways to Deal With Debt Collectors
- Check Your Credit Report. ...
- Make Sure the Debt Is Valid. ...
- Know the Statute of Limitations. ...
- Consider Negotiating. ...
- Try to Make the Payments You Owe. ...
- Send a Cease and Desist Letter.
You cannot remove collections from your credit report without paying if the information is accurate, but a collection account will fall off your credit report after 7 years whether you pay the balance or not.
Should I accept a settlement offer from a debt collector? ›
Just because you've determined that a debt is legitimate, it doesn't mean you have to accept the settlement offer outright. You're always free to negotiate, but you should be prepared and understand how debt negotiations work before you try it. You may be able to find leverage in the age of your debt or your income.
How to negotiate a settlement with a debt collection agency? ›
6 Steps for Negotiating With Debt Collection Agencies
- Learn About the Debt. By law, collection agencies must provide evidence that the debt is your. ...
- Understand What You Can Afford To Offer. ...
- Speak to the Debt Collector. ...
- Make Sure All Agreements Are in Writing. ...
- Make Your Payments. ...
- Negotiate Improvement to Your Credit Reports.
Once you've done your research and put aside some cash, it's time to determine what your settlement offer will be. Typically, a creditor will agree to accept 40% to 50% of the debt you owe, although it could be as much as 80%, depending on whether you're dealing with a debt collector or the original creditor.
Should I ignore debt lawsuit? ›
If you get a summons notifying you that a debt collector is suing you, do not ignore it—if you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself).
