Contents
Responding to a Debt Lawsuit in 3 Easy Steps
1. Prove the debt - validation, verification & proof
The signed agreement/terms that governed the account
Itemized accounting from zero balance to today (fees, interest, payments)
Chain of title: assignments/sale documents proving who owns the debt now
The collector’s license # (if your state requires licensing)
Send by certified mail, return receipt. Keep copies and the green card/USPS receipt.
2. Filing Your Answer — Plain‑English Guide
Copy the top caption from the complaint (court, parties, case number).
Respond paragraph by paragraph with: Admit, Deny, or Lack knowledge.
Do not admit anything you’re not 100% sure about.
Failure to State a Claim (complaint lacks essential facts/documents)
Sign/date; include any required forms (certificate of service, civil cover sheet).
3. Common Affirmative Defenses (only if they fit your facts)
Statute of Limitations (the claim is too old)
Lack of Standing/Ownership (plaintiff can’t prove it owns your account)
Improper Service (you weren’t served per your state’s rules)
Failure to State a Claim (complaint lacks essential facts/documents)
Payment/Accord & Satisfaction (paid, settled, or miscalculated amount)
Identity Theft/Mistaken Identity (account isn’t yours)
4. File & Serve Correctly
File with the clerk before the deadline (in person or e‑file if allowed); request a stamped copy.
Serve the plaintiff/lawyer the same day (by a permitted method) and keep proof.
Put all court dates on your calendar. Always show up — most losses happen by default.
5. Negotiate, Settle, or Consider Arbitration
Negotiate smart: Ask for documentation first; get settlement terms in writing; consider pay‑for‑delete
Arbitration: If your card agreement has it, research pros/cons before filing a motion to compel arbitration. It can change leverage, but fees/risks vary.
What to Expect at (or After) the First Hearing
Bring your papers, timeline, certified‑mail receipts, and a copy of your Answer.
If the plaintiff can’t produce proof, ask about dismissal/continuance.
If discussing settlement, ask the court to hold deadlines while you exchange documents.
Disclaimer:
* We provide consulting, education, and planning. We do not act as your attorney or give legal representation. State rules vary; consult a licensed attorney for legal advice.