How to Respond to a Debt Summons (Step‑by‑Step + Free Answer Checklist)
- DIY Fix My Score
- Sep 11
- 3 min read
Being served with a debt summons is scary—especially when the paperwork says you have only a few weeks to respond. The single biggest mistake consumers make is doing nothing. That usually leads to a default judgment, which can open the door to wage garnishment, bank levies, and property liens. The good news: you can respond correctly and protect your rights.
This guide is educational and not legal advice. Court procedures vary by state—always check your local rules.
1) Know your deadline (and calendar it now)
Read the summons the day you get it. Find the response date; many states require an Answer within 20–30 days of service.
Add calendar reminders: 7 days before and 2 days before the due date.
Keep the envelope and note how you were served—service defects can matter later.
Checklist item: Add “File Answer” to your calendar and set SMS reminders.
2) Gather documents & check the age of the debt
Collect statements, the card agreement/terms, payment history, prior letters or emails, and settlement offers.
Identify who is suing (original creditor vs debt buyer).
Check your state’s statute of limitations (SOL) using the last payment date; time‑barred debts may be a defense.
3) Demand proof: validation, verification & chain of title
Before you agree to anything, you can request documentation that the plaintiff has the right amount and the right to collect:
The signed agreement or terms in force when you used the account
Itemized accounting from zero balance to the claimed amount (fees, interest, payments)
Chain of title (assignments/bills of sale) if a debt buyer is suing
Collector’s license information if your state requires it
Send your requests by certified mail, return receipt. Keep copies and postal proof.
4) Draft your Answer (plain‑English)
Copy the caption (court, parties, case number) from the complaint.
Respond paragraph by paragraph with one of the following: Admit (only if 100% true), Deny, or Lack knowledge (which acts as a denial).
Add only applicable affirmative defenses, such as:
Statute of Limitations (claim is too old)
Lack of Standing/Ownership (plaintiff can’t prove it owns your account)
Improper Service
Failure to State a Claim
Payment/Accord & Satisfaction
Free resource: Download our Debt Lawsuit Answer Checklist (PDF) for a step‑by‑step flow and defense notes.
Email our team for your free checklist: support@FixMyScoreDIY.com
5) File & serve correctly
Sign/date your Answer and attach any required forms (e.g., certificate of service).
File with the clerk before the deadline (in person or e‑file if allowed). Ask for a stamped copy.
Serve the plaintiff or its attorney the same day via a permitted method and keep proof.
6) After filing: options to resolve
Negotiate only after you’ve asked for documentation; consider pay-for-delete requests in writing.
Payment plan: use only if affordable and documented.
Arbitration: if your agreement has an arbitration clause, research whether a motion to compel arbitration (MTC) improves your leverage.
7) Court day: what to expect
Bring your Answer, validation requests, receipts, and timeline.
If the plaintiff lacks documents, you can ask about dismissal or a continuance.
Always show up—most losses happen by default.
FAQs:
Q: What happens if I don’t respond?
A: Most courts enter a default judgment. That can lead to garnishment, levies, or liens. Always respond on time.
Q: I was served at the wrong address—what now?
A: Document everything. You may be able to challenge service or move to vacate a default. Consider a consult to triage options.
Q: Can I settle before court?
A: Yes. Many cases settle before trial. Request documentation first, then negotiate. Get all terms in writing.
Book Your Debt Summons Consult (20–30 minutes)
Get your deadline plan, Answer outline, and validation letter templates.
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