How to answer a debt lawsuit in Vermont
Your deadline, the official form if there is one, fees and defenses, and the steps to file your answer.
Checked against official sources: Oct 24, 2026.
Short answer
Small claims, papers came by first-class mail: 30 days. Small claims, served by a sheriff or constable: 30 days. Regular civil case: 21 days. Small claims: fill out the Small Claims Answer (form 100-00126), file it with the court by email, mail or hand delivery, send a copy to the plaintiff the same day, and file a Certificate of Service (form 100-00260).
- Time to answer
- 21 days
- Official answer form
- Small Claims Answer (form 100-00126)
- Fee to answer
- Small claims counterclaim fee: $25 if you ask for $500 or less, $35 if more (Vermont Judiciary, form 100-00259).
Your deadline to answer in Vermont
- Small claims, papers came by first-class mail: 30 days.
- Small claims, served by a sheriff or constable: 30 days.
- Regular civil case: 21 days.
Small claims: 30 days. If the papers came by first-class mail, file your answer within 30 days of the mailing; if a sheriff or constable served you, within 30 days of that service. Regular civil case: give or mail your written Answer within 21 days of the date you received the Summons (unless the court sets a different time).
Law: Small Claims Information and Instructions for Defendant (form 100-00259, 08/2025); Summons (form 100-00268)
In nearby states
- Massachusetts: 20 days
- New York: 20 days
- Rhode Island: 20 days
- Maine: 20 days
Work out your answer date
Filing an answer in Vermont
Small claims: fill out the Small Claims Answer (form 100-00126), file it with the court by email, mail or hand delivery, send a copy to the plaintiff the same day, and file a Certificate of Service (form 100-00260). You can say you disagree, agree and ask to pay in installments, and mark that your income may be exempt. Regular civil case: send your Answer to the plaintiff (or its lawyer) and to the court, and file the Notice of Appearance form.
Fill in Vermont's official answer form: a helper
Start with the official form: Small Claims Answer (form 100-00126)
This helper is not a court form and does not file anything. It lists what to copy onto the official form, in plain words.
Defenses to know in Vermont
The time limit to sue on most contract debts is 6 years. In a credit card case, a default judgment requires the signed contract (or card-use statement) and the full chain of assignments (V.R.C.P. 55(c)(7)).
Law: 12 V.S.A. § 511
A written-contract debt in Vermont must be sued on within 6 years. Raise an older debt as a defense in your answer.
What answering costs in Vermont
Fee to answer
Small claims counterclaim fee: $25 if you ask for $500 or less, $35 if more (Vermont Judiciary, form 100-00259).
If you can't pay the fees
Application to Waive Filing Fees and Service Costs (form 600-00228). https://www.vtcourts.gov/self-help/application-waive-filing-fees-and-service-costs
How you must be served in Vermont
Service means officially getting the court papers. Your deadline usually starts that day.
In small claims, the plaintiff first mails the summons, complaint and blank answer forms to you by first-class mail. If you do not answer within 30 days, the plaintiff must have a sheriff or constable serve you.
Law: Vermont Judiciary – Suing and Being Sued (Small Claims)
Mediation and settlement in Vermont
Most regular civil division cases must go to mediation (the parties file a stipulation for mediation within 30 days after the last answer). Small claims cases are not required to mediate (V.R.C.P. 16.3).
What to do now in Vermont
Read the papers
The summons names the court, the case number and the lawyer suing you. Keep it safe.
Mark your deadline
Your deadline in Vermont: Small claims, papers came by first-class mail: 30 days; Small claims, served by a sheriff or constable: 30 days; Regular civil case: 21 days.
Write and file your answer
The court's own form: Small Claims Answer (form 100-00126).
Make them show the paperwork
Use a documents request letter to see what they can prove.
Get help
Ask for free help: VTLawHelp.org (Vermont Legal Aid and Legal Services Vermont) and Vermont Bar Association – Find a Lawyer / Lawyer Referral.
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
Free legal help in Vermont
Questions about answering in Vermont
How long do I have to answer a debt lawsuit in Vermont?
Small claims: 30 days. If the papers came by first-class mail, file your answer within 30 days of the mailing; if a sheriff or constable served you, within 30 days of that service. Regular civil case: give or mail your written Answer within 21 days of the date you received the Summons (unless the court sets a different time).
How do I file an answer in Vermont?
Small claims: fill out the Small Claims Answer (form 100-00126), file it with the court by email, mail or hand delivery, send a copy to the plaintiff the same day, and file a Certificate of Service (form 100-00260). You can say you disagree, agree and ask to pay in installments, and mark that your income may be exempt. Regular civil case: send your Answer to the plaintiff (or its lawyer) and to the court, and file the Notice of Appearance form.
Where is Vermont's answer form?
Small Claims Answer (form 100-00126): https://www.vtcourts.gov/media/35
Is there a fee to answer in Vermont?
Small claims counterclaim fee: $25 if you ask for $500 or less, $35 if more (Vermont Judiciary, form 100-00259).
Can Vermont courts waive my fees?
Application to Waive Filing Fees and Service Costs (form 600-00228). https://www.vtcourts.gov/self-help/application-waive-filing-fees-and-service-costs
More for Vermont
Sources
- Small Claims Information and Instructions for Defendant (form 100-00259, 08/2025); Summons (form 100-00268)
- 12 V.S.A. § 5531 (small claims; consumer and medical debt cap)
- 12 V.S.A. § 506 (judgments: 8 years)
- 12 V.S.A. § 2903 (judgment lien duration and interest)
- 9 V.S.A. § 41a (legal rate 12%)
- Vermont Judiciary – Debt Collection & Small Claims
- Vermont Judiciary – Suing and Being Sued (Small Claims)
- Vermont Judiciary – Collecting a Small Claims Judgment
- Vermont Superior Court Summons (100-00268)
- Vermont Judiciary – Civil Mediation (V.R.C.P. 16.3)
- Vermont Supreme Court order amending V.R.C.P. 55 (effective Jan. 6, 2020; credit card default rule 55(c)(7), set-aside 55(d))
Last checked: Oct 24, 2026.