Guide · updated November 12, 2026

Sued by a debt collector? What to do before the deadline

Most debt collection lawsuits are won by default: the person never responds, so the court rules for the collector without hearing their side. Responding on time is the single most important thing you can do.

1. Make sure the lawsuit is real

Scammers sometimes send fake court papers or call claiming you are about to be “served”. A real lawsuit has a case number and the name of a court. Find that court’s phone number on its official website (not on the papers) and ask the clerk to confirm the case. Many courts also let you search cases online.

2. Work out your deadline

Read the summons for how many days you have to respond and how (written answer, appearance form, or showing up on a date). Count from the day the papers were handed to you or delivered. If the summons gives a hearing date instead, go to it.

3. File an answer

An answer is your written response to the complaint. For each numbered claim you generally say whether you admit it, deny it, or don’t know enough to say. Many state courts publish fill-in answer forms for debt cases, and the clerk can tell you the filing fee and how to ask for a fee waiver. Send a copy to the collector’s lawyer as the court’s rules require.

Your answer is also where you list your defenses. If you leave one out, you may lose the chance to use it.

4. Common defenses

• The debt is too old. If the statute of limitations has passed, that can end the case, but only if you raise it. Check your state’s limit.
• They can’t prove they own it. Debt buyers have to show the debt was transferred to them. Records are often incomplete after a debt has been sold more than once.
• It isn’t your debt, or it came from identity theft.
• The amount is wrong, for example because of fees or interest the agreement doesn’t allow.
• You weren’t properly served.
• The collector broke the law. Violations of the Fair Debt Collection Practices Act can be raised as a counterclaim. The deadline for an FDCPA claim is one year from the violation.

5. Ask for their evidence and go to every hearing

After you answer, you can ask the collector to produce documents (the agreement, account statements, proof of ownership) through the court’s discovery process. Then attend every hearing. Collectors sometimes drop cases when a consumer shows up and asks for proof.

6. If you want to settle

You can negotiate at any point. Get the terms in writing before you pay, including that the case will be dismissed. Be careful with a “stipulated” or “agreed” judgment: it is still a judgment against you, and missing one payment can let the collector garnish your wages.

7. If there is already a judgment

If you never knew about the case, or you were not properly served, you may be able to ask the court to set aside (vacate) a default judgment. Act quickly: there are deadlines.

Even with a judgment, some money is protected:

• Federal law caps wage garnishment for ordinary debts at 25% of your disposable earnings, or the amount above 30 times the federal minimum hourly wage per week, whichever is less. Some states protect more.
• Social Security, SSI, VA benefits and most other federal benefits are protected from private collectors. Banks must automatically protect up to two months of these benefits when they are directly deposited.
• Most states protect some money in your bank account, your home equity, a car and basic household goods. The court can tell you how to claim an exemption.

Where to get help

Legal aid offices help people with low incomes for free; search by your county or at lsc.gov. Many consumer attorneys take FDCPA cases without charging you, because the law makes a collector that broke it pay the consumer’s attorney fees. Your state or local bar association can refer you.

This guide explains federal law in general terms. State laws add protections, and every case is different, so it isn’t legal advice. For help with a lawsuit, contact a local legal aid office or a consumer attorney.