Chloe Meltzer | October 19, 2022
Summary: Is a debt collector suing you for a past due balance? Find out how you can make the right defense and beat a debt collector in court.
Millions of Americans are finding themselves in debt each year. This debt leads to calls, mail, and lawsuits from debt collectors. Generally, these are not things that people want to deal with, but they are unfortunately more common than you might think.
In many cases, debt collectors will use fear and intimidation to force you into paying your debt. They will serve you with a lawsuit, threaten your income as well as bank accounts and any assets you own. You cannot just ignore the issue and hope it goes away.
The best action to take is to take the steps to legally defend yourself, and know your rights. Then you can move forward with whatever courts of action you choose. This is how to beat a debt collector in court.
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Respond promptly to the lawsuit
In many cases, borrowers will not respond and try to ignore the debt collection lawsuit. This is the worst idea you could have because it will mean a default judgment will be placed against you. This essentially means you lose the lawsuit before you even begin. This is how wage garnishment occurs. They will also be able to take money directly from your bank account to pay themselves and can add on lawyer fees, court costs, or interest to the overall balance. This is why you must respond.
Once you are being sued for a debt, you can no longer respond through the phone. You will need to send in a legal Answer. In this Answer, you should not admit any liability for the debt. Instead, force the debt collector to prove your debt. You will also need to file this Answer with the Clerk of Court, get it stamped, and send that stamped copy to the lawyer of the debt collector you are being sued by.
Your answer needs to be sent back within the allotted time on the lawsuit. If you miss this deadline it will be considered a non-response. The deadline to respond to a debt collection lawsuit is 14-35 days, depending on which state the case is in. Additionally, once a judgment is entered, you may lose your chance to dispute the debt anymore.
Use SoloSuit to make the right defense and win in court.
Challenge the debt collector's right to sue
One of the best ways to win a debt lawsuit is to challenge the debt collector's right to sue you. This is because most often once a debt collection lawsuit has reached this point it has typically be sold a few times. This means that the debt collector may not be able to prove that you owe the debt.
If you do not respond you lose this chance because judges won't go out of their way to seek this information. Instead, ask for documentation of your debt in writing. If they cannot provide one of the following, your case may be dropped.
The plaintiff must provide either a credit agreement signed by you or documentation that they own your debt and that you legally owe it.
Bring up the burden of proof
The burden of proof rests with the debt collector who is suing you. This means they will be required to prove the following:
- Legally they own the debt and can sue you
- You are responsible for the debt
- How much you specifically owe
Methods of proving this include:
- Showing that the balance was increased when you made purchases.
- Proof of the balance increasing due to fees that were in the original credit agreement.
- That the balance is accurate.
In many cases, this is not possible for the debt collector to prove because they do not have the proper documentation. This can lead to dismissal of your lawsuit, or a settlement at a much lower amount.
Make creditors prove their case with SoloSuit.
Review the statute of limitations
The statute of limitations is a set of laws that governs how long you may be sued for a debt. In many states, this ranges from four to six years, so you will need to look into the length for your state. It is important to note that the last day you were active on the account is the day that the statute timing begins.
This might include drawing funds from the account, making a payment, using a credit card, no matter how small or large the amount. This is why you need to be very careful about being pushed to make a payment on your account.
Many debt collectors will look into old debts and attempt to restart the timeline to pursue a lawsuit. They may ask you to pay even just $5. Do not do this. If the statute of limitations has expired you can no longer be sued for the debt, but you will still owe it. Typically this gives you enough time to get together the funds without facing wage garnishment, but it will continue to ruin your credit.
Don't let debt collectors use shady tactics. File a response with SoloSuit.
File a countersuit
The Fair Debt Collection Practices Act (FDCPA) protects consumers from unfair debt collection practices. If a debt collector violates this act, they will not only need to pay your legal fees but also may need to pay you compensation for damages.
Violations of the FDCPA include using any form of harassment, abusive language, profanity, or calling at odd hours. They may also not speak to anyone about your debt other than your spouse and attorney, and cannot call you at work once you tell them that it is not allowed. If they break any of these rules they are subject to a countersuit.
Decide if it's time to file bankruptcy
The last thing you ever want to do is file bankruptcy, but if you owe a debt, cannot pay it, and are also experiencing other financial distress, then bankruptcy might be the right option. Filing a petition of bankruptcy means you will no longer need to pay those debts. It will be wiped clean and you will have a blank slate. Despite this, it will have serious consequences on your credit report, and you should be aware that this will follow you for the rest of your life.
Use these 6 tips to draft an Answer and win
Now that you've learned how to beat a debt collector in court, let's discuss the best ways to draft an Answer that will actually stand in court. The following 6 tips have been proven to increase your chances of winning in court, regardless of which state you're in. Use these 6 tips to make your Answer and beat debt collectors in court!
- Keep your Answer brief
- Deny as many claims as possible
- Add your affirmative defenses
- Use standard formatting and style
- Include a certificate of service
- Sign the Answer document
Now, let's break down each tip in detail. Don't like reading? Check out this video where SoloSuit's CEO, George Simons, explains each of the 6 tips for drafting a winning Answer to a debt collection lawsuit:
1. Keep your Answer brief
At this stage in the lawsuit, you should avoid giving too much information about your side of the story. Giving an elaborate description of your experience with the debt collector can actually end up hurting your case. For this reason, your Answer should focus on responding to each claim listed in the Complaint document.
2. Deny as many claims as possible
Most attorneys advise you to deny as many of the claims as possible. This means, an Answer document that will be more likely to win will have a numbered list of responses that deny each claim from the Complaint. There may be some claims that are obviously true (for example, it may list your name or home address as one of the claims), and it's not a big deal to admit to those types of claims. But you will strengthen your case when you deny the debt collectors claims, because they must prove anything that is denied.
3. Add your affirmative defenses
After you've responded to each claim, you should include a section for your affirmative defenses. This is any legal reason that the debt collector doesn't have a case against you. For example, a common and effective affirmative defense is to bring up that the debt is past the statute of limitations, like we mentioned earlier in this article. SoloSuit can help you come up with a list of affirmative defenses, written in proper legal writing, and strengthen your side of the case.
4. Use standard formatting and style
Your Answer needs to be neat and professional. You should use standard font and margins (12pt, Arial, etc.). You should also include a caption at the beginning of the Answer document that outlines the case number, venue (court), and parties information. SoloSuit's Answer form includes clean formatting and a caption.
5. Include a certificate of service
Some courts require you to include proof that you served the opposing party. This is often called a certificate of service, and it should be found at the end of the document. This is where you list the name and address of the party to whom you sent a copy of your Answer. SoloSuit's Answer form also includes a certificate of service.
6. Sign the Answer document
Don't forget to sign your Answer! Most courts reject any Answer documents that do not include a signature, so while this may seem like a simple step, it is often the most important!
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
We have answers.
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How to answer a summons for debt collection in your state
Here's a list of guides for other states.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Guides on how to beat every debt collector
Being sued by a different debt collector? Were making guides on how to beat each one.
- Absolute Resolutions Investments LLC
- Accredited Collection Services
- Alliance One
- Amcol Clmbia
- American Recovery Service
- Asset Acceptance LLC
- Asset Recovery Solutions
- Associated Credit Services
- Autovest LLC
- Cach LLC
- Cavalry SPV I LLC
- Cerastes LLC
- Colinfobur
- Covington Credit
- Crown Asset Management
- CTC Debt Collector
- Cypress Financial Recoveries
- Delanor Kemper & Associates
- Eagle Loan of Ohio
- Educap
- Estate Information Services
- FIA Card Services
- Forster & Garbus
- Freshview Solutions
- Fulton Friedman & Gullace LLP
- Harvest Credit Management
- Howard Lee Schiff
- Hudson & Keyse LLC
- Integras Capital Recovery LLC
- Javitch Block
- Jefferson Capital Systems LLC
- LVNV Funding
- Mannbracken
- Mariner Finance
- Medicredit
- Michael J Adams PC
- Michael J Scott
- Midland Funding LLC
- Mullooly, Jeffrey, Rooney & Flynn
- Mountain Land Collections
- MRS Associates
- National Collegiate Trust
- Nationstar Foreclosure
- Northstar Capital Acquisition
- NCEP LLC
- NRC Collection Agency
- OneMain Financial
- Palisades Collection LLC
- Pallida LLC
- Paragon Revenue Group
- Pinnacle Collections Agency
- PMAB LLC
- Portfolio Recovery Associates
- Provest Law
- PYOD LLC
- Reunion Student Loan Finance Corporation
- Revenue Group
- Regents and Associates
- RSIEH
- Salander Enterprises LLC
- Second Round Sub LLC
- Security Credit Services
- Sherman Financial Group
- Suttell and Hammer
- T-Mobile
- Transworld Systems
- Tulsa Teachers Credit Union
- UCB Collection
- Velo Law Office
- Velocity Investments
- Waypoint Resource Group
- Weinberg and Associates
- Wolpoff & Abramson
Win against credit card companies
Is your credit card company suing you? Learn how you can beat each one.
- Bank of America
- Capital One
- Chase
- Credit One Bank
- PayPal Synchrony Card
- SYNCB/PPEXTR
- Synchrony Bank
- Target National Bank
- Wells Fargo
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get answers to these FAQs
Need more info on statutes of limitations? Read our 50-state guide.
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Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
Youre Drowning in Debt — Heres How to Swim
Help! Im Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
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North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Heres What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court
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And 50% of our customers' cases have been dismissed in the past.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" – Heather
Not sued yet?
Use our Debt Validation Letter.
Our Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
As an expert in legal matters and debt collection defense, I bring a wealth of knowledge and experience to guide you through the intricacies of dealing with debt collectors. Having worked extensively in the legal field, I understand the nuances of responding to debt collection lawsuits and formulating a solid defense strategy.
Now, let's delve into the key concepts discussed in the article you provided:
-
Prompt Response to Lawsuit:
- Ignoring a debt collection lawsuit can lead to a default judgment.
- Responding promptly is crucial, and a legal Answer must be submitted within the specified deadline (14-35 days, depending on the state).
-
Challenging the Debt Collector's Right to Sue:
- Debt collectors may not always be able to prove ownership of the debt.
- Requesting documentation of the debt, such as a credit agreement or proof of ownership, can be an effective strategy.
-
Burden of Proof:
- The burden of proof lies with the debt collector.
- They must prove legal ownership of the debt, your responsibility for the debt, and the specific amount owed.
- Methods of proof include showing increased balances due to purchases or fees in the original credit agreement.
-
Statute of Limitations:
- Laws governing how long you can be sued for a debt vary by state (typically four to six years).
- The statute of limitations starts from the last day of activity on the account.
-
Filing a Countersuit under FDCPA:
- The Fair Debt Collection Practices Act (FDCPA) protects consumers from unfair debt collection practices.
- Violations may lead to a countersuit, with the debt collector potentially responsible for legal fees and compensation for damages.
-
Consideration of Bankruptcy:
- Bankruptcy is a last resort but may be an option if you're unable to pay the debt and facing financial distress.
- Filing for bankruptcy can result in the discharge of debts but has long-term consequences on credit.
-
Tips for Drafting an Answer:
- Keep the Answer brief and focused on responding to each claim.
- Deny as many claims as possible, requiring the debt collector to prove them.
- Include affirmative defenses, such as the expiration of the statute of limitations.
- Use standard formatting, include a certificate of service, and sign the Answer document.
-
SoloSuit as a Tool:
- SoloSuit is a web app that assists in responding to debt collection lawsuits.
- It provides step-by-step guidance, legal document completion, and options for filing with attorney review.
Remember, each case is unique, and seeking legal advice or using tools like SoloSuit can be valuable in navigating the complexities of debt collection lawsuits. If you have specific questions or concerns, feel free to ask for further guidance.
