How to answer a debt lawsuit

If you were sued over a debt, the most important thing is your deadline. If you answer on time, the plaintiff has to prove its case. If you don't, the court can decide against you without hearing your side.

What an answer is

An answer is your written reply to the lawsuit. It tells the court which parts of the claim you deny and what your defenses are. In some courts, mostly small claims courts, you don't file a written answer: you go to court on the date on your papers instead. Our guides list courts like that in 12 states. The summons tells you which kind of court you are in.

Step 1: Find your deadline

Your time to answer usually starts on the day you were served, which means the day you officially got the court papers. In our 48 state guides, the shortest deadline in a state runs from 10 days (Louisiana) to 35 days (New Jersey). Some examples:

• California: Papers handed to you: 30 days · Papers left with someone else and mailed to you: 30 days, counted from 10 days after the mailing.
• Florida: Small claims: no written answer, but go to court on the date set · County Court civil or Circuit Court: 20 days.
• Georgia: Magistrate Court or State Court: 30 days.
• Illinois: Summons gives a court date: by the date on your summons · Summons says 30 days: 30 days.
• New York: Summons handed to you personally: 20 days · Served another way (left with someone, or attached to your door, and mailed): 30 days.
• Texas: Justice Court (debt claim case): 14 days · County or District Court: by 10 a.m. on the Monday after 20 days.

Use the deadline calculator on your state's page. It counts the days from the date you enter, follows the counting rule where your state's rules state one, and tells you when to count carefully and ask the clerk. Court holidays and local rules can change a date, so file early.

Step 2: Get the official form if there is one

21 of our 48 state guides link to an official answer form from the state's courts, for example in Alabama, Alaska, Arizona, California, Colorado and Connecticut. Where there is one, your state's answer page links to it and has a helper that lists what to copy onto it. Where there isn't, the court's self-help center explains what a written answer must include. Our pages never give you a homemade court form.

Step 3: Write your answer

An answer usually includes the court's name, the case number, the names of the parties, your response to each claim, your defenses, your signature and your mailing address. Many people use a general denial, which means you deny the claims and make the plaintiff prove them; check your state's page to see whether your court allows it.

Step 4: Raise your defenses

• You don't owe it, or the amount is wrong. The plaintiff must prove the debt and the amount.
• The plaintiff can't show it owns the debt. When a debt buyer sues, it usually has to show how it got the account. 36 of our state guides list special rules for debt buyer lawsuits.
• The debt is too old. A debt collector must not sue on a debt that is too old to sue on (12 CFR 1006.26(b)). If it does, you usually must raise the time limit yourself in your answer.
• You were sued in the wrong place. A debt collector must sue where you signed the contract or where you live (15 U.S.C. 1692i(a)(2)).
• You already paid or settled. Bring your receipts and letters.

Step 5: File it and send a copy

File your answer with the court clerk named on the summons, in person, by mail or by e-filing where your court allows it. Send a copy to the plaintiff's lawyer as your court requires, and keep a copy for yourself. If you can't afford the filing fee, ask the clerk for the fee waiver form; your state page names it where the data has it.

Step 6: Ask for the documents

You can write to the plaintiff's lawyer and ask for the papers behind the claim: the signed contract, the chain of ownership from the original creditor, and an itemization of the amount. The free letter below writes that request. It is not your answer: you still file the answer with the court by your deadline.

Step 7: Go to every hearing

Write down every court date and go. Bring your papers. If you owe the debt, you can also talk about a settlement or a payment plan; read settling a debt lawsuit. If you missed your deadline, read what to do after a default judgment.

This guide is general information, not legal advice. A legal aid office can help for free; each state page lists free help.